Exhibit B - FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.
1. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.
Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate
11.GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.
B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.
C. Actions, directives, and policy and procedures issued by the CITY.
D. CITY policies, as applicable.
Ill. CONTRACTOR/SUBRECIPIENT DETERMINATION:
In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A. CONTRACTOR Name: Compatior Inc
B. CONTRACTOR'S Unique
Identifier (D-U-N-S):
078736095
C. Federal Award Identification
Number (FAIN):
D. Federal Award Date:
E. Subaward Period of Performance:
F. Total Amount of Federal Funds
Obligated by the Action:
$+175,000
G. Total Amount of Federal Funds
Obligated to the CONTRACTOR:
$175,000
H. Total Amount of the Federal
Award:
1. Federal Award Project
Description:
ARPA
J. Federal Awarding Agency: u.s. Department of the Treasury 24 47
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K. Name of PTE:
L. Contact Information for the
Awarding Official:
Chris Jeffers, Interim City Manager
Phone Number:
E-mail Address: [email protected]
M. CFDA Number:
CFDA Name: ARPA
N. Whether Award is R&D:
0. Indirect Cost Rate for the Federal
Award:
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Exhibit C DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part Vll of the May 26, 1988 Federal Register (pages 19160-1921 'l ). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION Attached)
(1)The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
Signature Date
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INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.
2. The certijication in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections or rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary 27 50
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exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non-Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension arid/or debarment.
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ExhibitD LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Aqreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1 ) No Federal appropriated funds have been paid or will be paid, by or on behalT of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated Funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section I 352, Title 31, U. S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
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SUBRECIPIENT warrants the following:
1. SUBRECIPIENTwillcomplywithPublicLaw88-352, Title Vl of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.
2. No person in the United States shall on the ground of race, color, religion, nationa( origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development finds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372.
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Exhibit E - DRUG-FREE WORKPLACE
Certification Reqardinq Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the u.s. Department of Housing and Llrban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements or the Drug-Free Workplace Act, the Ll.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about - (1 ) The dangers or drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will -
(1 ) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the u.s. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - 31 54
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ATT ACHMENT B
€%d
South
(,ate2022 REQUEST FOR PROPOSALS
Mental Health Assistance Program
Requiring Certified Counseling/Clinical Services
An American Rescue Plan Act (ARPA) Funded Project
Issue Date: June 6, 2022
Proposal Due Date: Thursday, June 23, 2022, 4:00 PM
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Contents
Overview....
Background
Key Dates and Submittal.
Ideal Proposals........
Term.
Invoicing and Required Reporting
.4
.4
S
6 .6
7 Eligibility
Incurred Costs
No Commitment to Contract
Proposal Format and Review Criteria
1. Cover Letter........
2. LocalPresence/HistoryofServingtheCityofSouthGate..........
3. Diversity that Reflects the Community Served in Staff and Board. 7 8
8 8
8 8
9 4. Staff and Financial Capacity to Implement the Program or Plan for Building Organizational Capacity..... ......
5. Program Plan, including Budget, Collaborations, and Expected Impact
6. ProgramResponsetoCommunityCOVID-19..........
7. Investigation Statement..
8. Insurance Requirements.......
9. Additional Informational Exhibits
Evaluation Committee
Not Suspended, Debarred or Declared Ineligible.
Conflict of Interest..
Amendments/Addenda to RFP
Right to Accept, Reject, Cancel, or Waive..
Open Records Laws & Confidential Information
Final Contracting Authority.
Attachment A - Draft Agreement .....
Exhibit A - Scope of Services............. .........
Exhibit B - FEDERAL AWARD IDENTIFICATION INFORMATION
Exhibit C - DEBARMENT..
Exhibit D - LOBBYING.
Exhibit E - DRUG-FREE WORKPLACE
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CITY OF SOUTH GATE, DEPARTMENT OF COMMUNITY DEVELOPMENT
MENT AL HEALTH ASSIST ANCE PROGRAM REQUIRING CERTIFIED COUNSELING /
CLINICAL SERVICES
FY 2022-2024
The City of South Gate ("City"), Department of Community Development is pleased to issue this Request for Proposals (RFP) to solicit proposals from qualified Bidders to provide certified mental health counseling/clinical services in the City of South Gate. This RFP is being issued in response to the needs of the local community and with American Rescue Plan Act (ARPA) funds provided for COVID-19 pandemic relief. The City of South Gate is seeking proposals from qualified Bidders to provide targeted and timely implementation of mental health services identified below to serve the South Gate community and its residents.
Proposals are due by Thursday, June 23, 2022, by 4:00 PM. Proposals may be mailed or dropped off.
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Overview
The American Rescue Plan Act of 2021 (ARPA) was established to help states and localities address the economic and health consequences of the COVID-19 public health emergency and its economic impacts. Since the start or the COVID-19 pandemic, mental health symptoms and substance use have increased. This funding opportunity provides support to community organizations that are responding to these public health emergency impacts. The awarded applicant will enter into an agreement with the City of South Gate to deliver mental health services to City residents. Eligible services include but are not limited to resource navigation support, counselling, and other applicable public health responses. Awarded contract will be for up to $175,000 per year beginning July 12, 2022, with the possibility of two, one-year extensions.
Eligible costs are any costs associated with the planning, coordination, delivery, and administration of the funded programs.
Background
Globally and nationally, the COVID-19 pandemic has negatively affected many people's mental health and created new challenges for people already suffering from mental illness and substance use disorders. As a result of these pandemic related issues, on March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (H.R. 1319) into law. The ARPA provides $1.9 trillion in additional relief to respond to the novel coronavirus (COVID-19). According to the U.S. Department of the Treasury, the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) provide a substantial infusion of resources to help turn the tide on the COVID-19 pandemic, address its fallout, and lays the foundation for a strong and equitable recovery.
ARPA includes direct assistance to cities to address the negative public health and economic impacts of the COVID-19 pandemic, including approximately $34.5 million to the City of South Gate ("ARPA Funds"). The City of South Gate coordinated a process of community engagement which included listening sessions, meetings with community partners and businesses, an online survey tool, and City Council and Commission meetings to hear what South Gate residents supported as funding priorities. One of the key themes that arose from this process was a need for mental health services.
On September 28, 2021, the South Gate City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive South Gate Spending Plan, which includes five spending categories: recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health. To respond to needs locally, the City of South Gate has authorized the expenditure of up to $175,000 annually for a mental health program from ARPA funding, with two one-year possible extensions, including certified counseling and clinical services.
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The federal government has also published several documents with additional information on ARPA spending. Key links and information on reporting requirements and spending categories are listed below.
* Compliance and Reporting Guidance
https://home.treasury.qov/system/files/1 36/SLFRF-Compliance-and-ReportinqGuidance.pdf * Interim Final Rule
https://www.qovinfo.qov/contenUpkq/FR-2022-01 -27/pdf/2022-00292.pdf https://home.treasury.qov/system/files/1 36/SLFRF-Final-Rule-Overview.pdf * Overall information about the program, including information on requesting funding, please see:
https://home.treasury.qov/policy-issues/coronavirus/assistance-Tor-state-localand-tribal-qovernments * Frequently Asked Questions (FAQ)
https://home.treasury.qov/system/files/1 36/SLFRPFAQ.pdf https://home.treasury.qov/system/files/1 36/SLFRF-Final-Rule-Webinar.pdf Key Dates and Submittal
Proposed Events Proposed Events
Release of Request for Proposals June 6, 2022 -
Deadline for Submission of Proposal June 23, 2022, at 4:00 PM Review of Proposals June 23, 2022 - June 28, 2022
Notice of Intent to Award - City Council
Meeting
July 12, 2022
Anticipated Contract(s) Start Date: July 12, 2022
Contract Period: Contracts are anticipated for one year from the date of the award with two possible one-year extensions.
Questions: City staff is available for virtual or in-person appointments to assist with applications. Please contact Ana Marie LeNoue at (323) 563-9535 or via email at [email protected].
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Submittal: To be accepted and considered, proposals shall be received no later than Thursday, June 23, 2022, at 4:00 PM. The outside of the submittal package must be clearly marked: "2022 REQUEST FOR PROPOSALS: Mental Health Assistance Program, Requiring Certified Counseling/Clinical Services." No oral, electronic, facsimile, or telephonic proposals or modifications will be considered, and submissions of this sort will be disqualified from the competitive process. Proposals received after this deadline will not be accepted
Addressed to: All proposals must be submitted via mail or drop off to:
City of South Gate
City Clerk's Office
Attn: Ana LeNoue, Interim Housing Manager
8650 California Avenue, South Gate, CA 90280
Ideal Proposals
This program will contribute to citywide opportunities for community members, which contribute to a continuum of care with various supports being available to help with emotional and mental health wellness, and certified clinical/counselling services paid on a flat Fee service. Examples include therapy groups, skill building or coping skills groups, activity groups, or faith-based supports which aim to enhance community connections.
Services and supports must be easily accessible in a variety of locations throughout the City. Counselling and clinical services and support must be evidence-based in their practice and must be available in English and Spanish.
Successful bidders will demonstrate their capacity to evaluate program outcomes and collaborate among community organizations representing different sectors. Approaches should include equitable and inclusive philosophies with target populations and demonstrate the potential for proposed sustainability beyond funding provided.
Projects should address the following:
* Screening, Individual Risk Assessment
* Counselling, Individual and Group sessions
* Clinical Services
* Mental Health Education and Skill Development
Term
The term of the contract(s) will be for one (1 ) year and commence on July 12, 2022, upon execution by the City and shall expire on June 30, 2023, unless otherwise terminated or extended pursuant to the contract. Funding for the contract(s) awarded through this RFP is contingent upon receipt of ARPA funding. There may be an option for two one-year extension at the end of each year.
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An estimated total of up to $175,000 per year will be dedicated to this grant and will be distributed based on application and performance timelines and in accordance with ARPA timelines, as outlined in the final rule.
Invoicing and Required Reporting
All award recipients will be required to enter a contract with the City of South Gate, provide related insurance, and meet reporting requirements that are customized to the activities specified in the application.
Reporting may include both invoicing and programmatic reports, including but not limited to:
* Reporting on the number of South Gate residents
* Written reports of completed activities, including evidence of completed work * Summary of successes, challenges, and impact
* Site visits from City of South Gate staff
* Activity report documentation identifying hours worked on the program by each eligible staff person
* Periodic verbal or written progress reports
* Program evaluation activities
* Reporting requirements may vary based on the size and scope of the contract as well as the type of program or service delivered.
Eligibility
Nonprofit, tax-exempt 5€)1 (c)(3), u.s. organizations; units of state or local government; or federally recognized tribal communities or tribes, serving the City of South Gate, may apply. This can include neighborhood organizations, cultural organizations, places of worship/faith organizations, schools, and other applicants. Businesses with an active registration in good standing with the California Secretary or State may also apply.
Funded activities must take place in the City of South Gate city limits and serve South Gate residents.
The bidder must identify one fully burdened hourly rate for services provided in association with this RFP. Rate of pay will be for staff time associated with mental health screening, individual risk assessment, counselling, individual and group sessions, clinical services, and mental health education and skill development for eligible South Gate residents. The fully burdened rate assumes no additional reimbursement will be processed for costs associated with the planning, coordination, delivery, and administration of the proposed program. These include certain training costs, community engagement and outreach, site fees, marketing and outreach materials, administrative expenses, personal protective equipment (PPE) costs associated with program delivery, or other associated costs with running the proposed project or program. 7 549
Incurred Costs
All costs incurred in the development, preparation, and submission of a proposal in response to this RFP will be solely at the expense of Bidders.
No Commitment to Contract
The purpose of this RFP is to identify Bidders that are able to meet the City of South Gate's specific requirements for the services described herein. This RFP does not commit the City of South Gate to award a contract.
Proposal Format and Review Criteria
The proposal format and scoring criteria are listed below. All bidders shall include the information outlined below and comply with the associate word count limit. In responding to each section of the RFP, Bidders should document all statements concerning specific experience, knowledge, training, and capabilities to the fullest extent possible. For example, do not make unqualified statements such as "Our organization has a history of providing mental health education and skill development programs." Instead, factual, definitive information will be required such as: "For the past 5 years, our organization has administered mental health education and skill development programs with a value of $1 million, offering services in six California counties and serving more than 200 participants."
Please be as concise as possible with your responses.
The City of South Gate reserves the right to reject any agency based on the proposals submitted and is not obligated to award funding to any proposals. Each application will be reviewed, and reporting will be tailored according to Federal and state funding and reporting requirements as well as the funding source.
1. Cover Letter
Maximum Page Count: 2 page
* Cover letter signed by an officer of the firm, binding the firm to all the commitments made in the submittal. The letter shall include name, address, phone number, and email of the person authorized to represent the bidder.
2. Local Presence/History of Serving the City of South Gate Maximum Word Count: 500 words
Maximum Points Possible: 20 points
* Give a brief overview of your organization and the programs or services you deliver.
@ Please provide metrics (if available) of the impact you have had over the past 3-5 years.
* Prior experience with the same or similar awards.
* Describe your history serving City of South Gate residents. 8 550
3. Diversity that Reflects the Community Served in Staff and Board Maximum Word Count: 250 words
Maximum Points Possible: 10 points
@ Describe the population that you intend to serve with this funding. @ How does your organization's staff and board reflect or connect with that community? Provide an organizational chart.
4. Staff and Financial Capacity to Implement the Program or Plan for Building Organizational Capacity
Maximum Word Count: 750 words
Maximum Points Possible: 20 points
* What is your current staffing level? List the names and positions of the staff responsible for implementing the proposed activities.
* How do you currently track and manage your finances?
@ Describe your organization's practices regarding meeting the reporting requirements of a funding agency. Include in the description how the organization will meet the reporting requirements of ARPA. * How will this funding support your organizational capacity to deliver the proposed program?
* The extent and results of Federal awarding agency monitoring (e.g., if the organization also receives Federal awards directly from a Federal awarding agency).
@ Experience with and sound Financial management or large programs (e.g., programs with an annual budget exceeding $100,000)
* Does your organization employ or contract for the services of a Certified Public Accountant?
5. Program Plan, including Budget, Collaborations, and Expected Impact Maximum Word Count: 750 words
Maximum Points Possible: 30 points
* Describe the program or services your organization will implement, including existing services.
* What are your goals and targeted outcomes?
@ What collaborations, if any, will you use to accomplish these goals? * Submit an operating budget for the fiscal year. The fiscal year is July 1st through June 30th.
* Bidders must clearly state the fully burdened hourly rate being proposed for said services.
* Be sure to include additional funding sources and, where possible, identify if those funding sources use ARPA funds
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6. Program Response to Community COVID-19
Maximum Word Count: 750 words
Maximum Points Possible: 20 points
* Describe how your proposed program is a response to COVID-19 needs in your community
* How has your organization already responded to COVID-19 impacts? Please describe any examples and outcomes from this work. * How does your proposed program serve those with the greatest need or impact due to COVID-I 9?
* How does this proposal reflect the City of South Gate's COVID-19 community priorities (violence prevention and community safety activities, mental health, youth outreach, job training, emergency assistance, and addressing health disparities)?
Total Available Points: 100 Points
7. Investigation Statement
Proposals must include a statement of whether the agency is now or has been the subject of a public or private audit or investigation due to potential or alleged financial mismanagement. This statement must describe the program audited or investigated, by whom, the date of the audit, the period audited, and the purpose and outcome of the audit or investigation.
8. Insurance Requirements
The selected bidder must provide and maintain at its own expense, procure, and maintain during the term of the of the contract Worker's Compensations and Commercial General and Automobile Liability Insurance as follows:
* Worker's Compensation: A program of Worker's Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of Bidder and all risks to such persons under this proposal.
* Commercial General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million ($1,000,000) dollars.
Each such policy of insurance shall:
* Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by the City. 10 552
* Name and list as additional insured the City, its officers and employees.
* Specify that such insurance acts as primary insurance. * Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of South Gate such cancellation or material change." Cover the operations of the Bidder pursuant to the terms of any contract, including the Bidder's indemnity obligations thereunder
9. Additional Informational Exhibits
The documents noted below will be required at the time of final contract execution. Bidders may include them as exhibits as part of their proposal. * Federal Identification Number (Tax ID Number), if applicable * Unique Entity Identifier (https://sam.qov/contenUhome) * Most Recent Filed Tax Return
* Organizational Budget
* Resumes of Key Program Staff
* Brochures and Promotional Materials
Evaluation Committee
Proposals will be evaluated by a committee comprised of at least three (3) non-conflicted members. The Evaluation Committee will score and identify the successful Bidder(s) in accordance with the evaluation criteria set forth in this RFP. The evaluation of the proposals for award shall be within the sole judgment and discretion of the Evaluation Committee.
The Evaluation Committee will select the Bidder(s) who, in its opinion, has submitted a proposal that best serves the overall interests of the City. Final authorization to award will be brought before the South Gate City Council.
The award(s) may not be to the Bidder(s) with the lowest price or highest point score(s).
Not Suspended, Debarred or Declared Ineligible
Bidder and its Principals must not be suspended, debarred, proposed for debarment, or declared ineligible for an award of contracts from the United States federal government procurement or non-procurement programs and must not be listed in the List of Parties Excluded from Federal Procurement and Non-procurement Programs issued by the General Services Administration (Debarred/Suspended). "Principals" means officers, directors, owners with an ownership interest totaling five percent or more, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head or a subsidiary, division, or business segment, and similar positions).
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The City of South Gate will disqualify proposals that do not demonstrate that Bidder meets the specified Bidder Minimum Qualifications, if Bidder fails to provide all information or documents requested in this RFP, or if Bidder or its Principals are Debarred/Suspended.
These disqualified proposals will not be evaluated by the Committee and will not be eligible for the contract award under this RFP. The City of South Gate has the right to accept all or part of the proposed project at its discretion.
Conflict of Interest
Bidder shall disclose to the City of South Gate any actual, apparent, or potential conflicts of interest that may exist relative to the services described herein this RFP. City retains the right to waive a conflict of interest disclosed by Bidder if City determines it to be immaterial. If awarded the contract, the selected Bidder will be required to refrain from and disclose subsequent potential conflicts throughout the performance period.
Amendments/Addenda to RFP
The City of South Gate reserves the right to issue addenda or amendments to this RFP.
If the City determines that changes, through a separate addendum, are necessary or additional information is needed, all bidders will be notified and asked to confirm receipt of any addendum.
Right to Accept, Reject, Cancel, or Waive
Proposals must comply with all the terms oT the RFP, and all applicable local, state, and federal laws, codes, and regulations. The City of South Gate reserves the right to accept or reject any or all proposals or any part thereof, waive any informalities or minor irregularities in the proposals, and make an award based on suitability, quality of service to be provided, and ability to perform the services.
Common reasons for rejection include, but are not limited to, proposals that are conditional, incomplete, or contain any alteration of form or other irregularities of any kind; proposals with defects or irregularities constituting material deviations From the submittal requirements; or failure of the proposal to follow the prescribed format or deadlines. The City of South Gate also reserves the right to cancel this RFP in part or in its entirety.
Additionally, the City further reserves the right to:
* Reopen the RFP after the final submission date if, in its sole discretion, the City of South Gate determines that the proposals received do not meet the guidelines or the intent of this RFP.
* Extend the deadline to submit proposals for thirty (30) days beyond the final submission deadline if the Proposal Timeline was for forty (40) days or less and only one responsive proposal was received.
* Choose a Bidder who is not the lowest bidder.
* Award more than one contract.
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Open Records Laws & Confidential Information
All materials submitted in response to this RFP will become the property of the City of South Gate and will not be returned. In addition, all materials submitted may be subject to open records laws and regulations such as the California Brown Act and the California Public Records Act and, therefore, may be released, disclosed, and posted online, to and for the public. The City reserves the right, consistent with applicable laws, to make the final determination whether a proposal, or any portion of it, should be considered "Confidential Information, as defined below, and not subject to disclosure. A Bidder's identification of a document as "Confidential" shall not be dispositive. In making a determination of whether the information is confidential, the City uses the definition of trade secret set forth in subdivision (d) Section 3426.1 of the California Civil Code, which states "Trade secret means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1 ) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy" (Confidential Information). This provision does not apply to Confidential Information that is 1) in the public domain through no fault of the receiving party, 2) was independently developed as shown by documentation, 3) is disclosed to others without similar restrictions, 4) was already known by the receiving party, or 5) is subject to disclosure under court order or other lawful process.
Final Contracting Authority
The City Council of the City of South Gate has final authority to approve contracts for special services. Contracts shall be subject to the City's standard terms and conditions, including standard indemnification and insurance requirements, and all terms and conditions associated with the use of ARPA funds, including, but not limited to, the agreement entered into by the United States Department of the Treasury and the City, which incorporate the provisions of the final rule and the guidance that implements the ARPA program.
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Attachment A - Draft Agreement
AGREEMENT BETWEEN THE CITY OF SOUTH GATE AND
g§ FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
ThisAgreement ("Agreement") is herebymade and entered intothisgdayof, 2022, by and between the City of South Gate, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY"), and 8 a California domestic nonprofit corporation ("SLJBRECIPIENT" or "CONTRACTOR"). The Grantee and Subrecipient are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." RECIT ALS:
A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency
B. On October 26, 2021, the South Gate City Council authorized the City Manager to utilize ARPA SLFRF funding From the United States Department of Treasury for the Revive South Gate Spending Plan, which includes five spending categories:
recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C. SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to [X)OCX], in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("said program"). SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided under this Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis.
D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to 14 68
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SUBRECIPIENT pursuant to this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the Following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT:
1. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Scope of Work attached hereto as Exhibit A.
SUBRECIPIENT's failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on July 12, 2022, and continue through June 30, 2023 ("Term"), unless terminated earlier pursuant to the terms of this Agreement. There is an option for two separate one-year extensions. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the ARPA SLFRF Funds were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed ollars ($ ) ("ARPA SLFRF
Funds") during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.
D. Disbursement of Funds. Said ARPA SLFRF Funds shall be disbursed by CITY to SUBRECIPIENT pursuant to the terms found in the Fee Payment Schedule attached hereto as Exhibit B, with payments subject to the submittal ofinvoices and other reporting requirements, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA SLFRF 15 69
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Funds, or return the entire request to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY.
(1 ) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce the amount of ARPA SLFRF Funds to SUBRECIPIENT, or to completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SLFRF Funds provided to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end of the Term of the Agreement.
E. Grant Proqram Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA SLFRF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use these funds for any other uses. (3) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A. 16 70
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F. Performance Monitorinq.
(1 ) SUBRECIPIENT shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY' with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days after the termination or expiration of this Agreement. (2) CITY will evaluate SUBRECIPIENT's management and operation of said program with respect to the project expectations as described in Exhibit A. (3) CITY will review the audit
funds are used for authorized purposes in
provisions of contracts or grant agreements
and exhibits.
of the SUBRECIPIENT to ensure that grant
compliance with laws, regulations, and the
under this Agreement, including attachments
(4) If action to correct any substandard performance is not taken by the SUBRECIPIENT within a reasonable period afier being notified by CITY, suspension or termination procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the terms of this Agreement, the CITY' shall have the right to require SUBRECIPIENT to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY may also terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
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G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY. This requirement shall apply to any records and documentation CITY' shall reasonably require or as required to be maintained pursuant to the ARPA regulations. (2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY" a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures From Funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITr' with a copy of completed independent auditors' report within thirty (30) days of CITY"s request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies of responses to auditors' reports, a plan for corrective action, and auditors' response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until 18 72
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complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-reTerenced documents available within the City of South Gate, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.
H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT For which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY. The material, reports, or products may be used by the CITY for any purpose that the C)TY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.
1. Close-Out. SUBRECIPIENTagreestocomplywiththecloseoutprocedures detailed in 2 CFR §200.343, including the following:
(1 ) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement; (2) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY' paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports.
II. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
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(1)Authority. SUBRECIPIENT is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (2)Experience. SUBRECIPIENT is qualified to provide the administrator services for said program detailed herein. (3) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4)No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement.
(7) Proposal Veracity. All provisions or and information provided in SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder. 20 74
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B. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies goveming SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable.
C. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities.
Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state orfederal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY' immediately of any pending violations. Failure to notify CITY' of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.
F. Compliance with Law/Proqram Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that distribution and expenditure of these ARPA SLFRF Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal government, 21 75
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including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609.
SUBRECIPIENT must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary or State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder provided records request complies with HIPAA compliance.
HIPAA Compliance. If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the SUBRECIPIENT covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.
1. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY'.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT 22 76
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engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SLFRF Funds under this Agreement.
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
M. . SUBRECIPIENT certifies that it will comply with federal law (31 u.s.c. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification or any federal contract, grant, loan or cooperative agreement.
SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit D, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying, in accordance with its instructions (Exhibit D).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or who are in a position to participate in a 23 77
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decision-making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT.
0. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions or Contract Work Hours and Safety Standards Act (40 u.s.c. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti-Kick Back Act (18 u.s.c. 874 et seq.) and its implementing regulations of the u.s. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.
Q. Women and Minority-Owned Businesses (W/MBE). SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.32'l "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 u.s.c. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
R. Druq Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit E attached hereto and incorporated herein by this reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be 24 78
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complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326.
Ill. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the dayto-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically.
C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. Should the CITY' determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.
IV. GENERAL PROVISIONS
A. Non-Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following:
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employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title Vl or the Civil Rights Act of 1964, which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENTagreestocomplywiththeAgeDiscriminationActof1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the Following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.
B. Conflict oflnterest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any ARPA SLFRF 26 80
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Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Reliqious Entities. If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.200(j):
1. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion.
2. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion.
3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY' funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article 1, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT.
4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols.
5. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of 27 81
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rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program.
D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT.
For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by u.s. Mail, postage prepaid, and addressed as follows:
TO CITY: City of South Gate
Chris Jeffers
Interim City Manager
8650 California Avenue
South Gate, CA 90280
TO SUBRECIPIENT:
F. Assiqnability. None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
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G. lndemnification/Hold Harmless. SUBRECIPIENT shall indemnify, hold harmless and defend Grantee (with legal counsel selected by Grantee) and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from SUBRECIPIENT acts, errors or omissions and for any costs or expenses incurred by Grantee on account of any claim therefore, except where such indemnification is prohibited by law. SUBRECIPIENT shall promptly notify Grantee in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. SUBRECIPIENT shall indemnify and hold harmless Grantee against any liability, claims, losses, demands, and actions incurred by Grantee as a result of the determination by HUD or its successor that activities undertaken by SUBRECIPIENT under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to SUBRECIPIENT under this Agreement were improperly expended.
H. Insurance. Without in any way affecting the indemnity herein provided and in addition thereto, SUBRECIPIENT shall secure and maintain throughout the Agreement the following types of insurance with limits as shown:
1. Workers' Compensation - A program of Worker's Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of SUBRECIPIENT and all risks to such persons under this Agreement.
2. Commercial General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million ($I,000,000) dollars.
3. Additional Named Insurance - All policies, shall contain additional endorsements naming Grantee and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder.
4. Policies Primary and Non-Contributory - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by Grantee.
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5. Proof of Coveraqe - SUBRECIPIENT shall immediately furnish certificates of insurance to Grantee evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to Grantee, and SUBRECIPIENT shall maintain such insurance from the time SUBRECIPIENT commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Agreement, SUBRECIPIENT shall furnish to Grantee certified copies of the policies and all endorsements. SUBRECIPIENT shall complete and submit, Insurance Inventory, along with the above required insurance documents.
6. Insurance Review - The above insurance requirements are subject to periodic review by Grantee. Grantee's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of Grantee. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types or insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against Grantee, inflation, or any other item reasonably related to the Grantee's risk.
7. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. SUBRECIPIENT agrees to execute any such amendment within thirty (30) days of receipt.
1. Termination.
1. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SLFRF Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination.
3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY' may declare a default and 30 84
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termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY' sha!l be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1 ) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY in obtaining substitute performance
4. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety.
5. The grant of funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.
6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated Tunding For the ARPA program for any term subject to this Agreement.
7. In the event this Agreement is terminated as set forth in subparagraphs l(1) through 1(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY"s demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account or actions affecting ARPA program Tunding. ln the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted funds. Where CITY has been directed to implement 31 85
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a reduction in funding, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice or such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Aqreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governinq this Aqreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
N. Waiver. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, 32 86
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conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained.
0. Federal Award Identification Information. SUBRECIPIENT's pertinent Federal Award Identification Information, including DUNS Number and Federal Award Identification Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit B attached hereto and incorporated herein by this reference.
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
2. All Exhibits and Attachments reverenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. {Signatures on following page}
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.
CITY OF SOUTH GATE:
B)/:
Mayor AI Rios, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
Raul F. Salinas, City Attorney
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am
By:
Dated:
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Exhibit A - Scope of Services
To be added.
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Exhibit B - FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the CONTRACTOR will provide ARPA programs identified in this attachment.
1. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent with the provisions of ARPA.
Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or federal policy, as appropriate
II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be incorporated herein.
B. Information Bulletins, Directives, and any other federal and state guidance documents pertaining to the ARPA SLFRF Funds.
C. Actions, directives, and policy and procedures issued by the CITY.
D. CITY policies, as applicable.
Ill. CONTRACTOR/SUBRECIPIENT DETERMINATION:
In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined to be a CONTRACTOR
IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A. CONTRACTOR Name:
B. CONTRACTOR'S Unique
Identifier (D-U-N-S):
C. Federal Award Identification
Number (FAIN):
D. Federal Award Date:
E. Subaward Period of Performance:
F. Total Amount of Federal Funds
Obligated by the Action:
G. Tota! Amount of Federal Funds
Obligated to the CONTRACTOR:
H. Total Amount of the Federal
Award:
1. Federal Award Project
Description:
ARPA
J. Federal Awarding Agency: u.s. Department of the Treasury 37 91
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K. Name of PTE:
L. Contact Information for the
Awarding Official:
Chris Jeffers, Interim City Manager
Phone Number:
E-mail Address: [email protected]
M. CFDA Number:
CFDA Name: ARPA
N. Whether Award is R&D:
0. Indirect Cost Rate for the Federal
Award:
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Exhibit C - DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part Vll of the May 26, 1988 Federal Register (pages 49'l60-1 9211 ). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached)
(1)The prospective recipient of federal assistance funds certifies, by submission ofthisthis proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
Signature Date
39 581
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary 40 94
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exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non-Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension arid/or debarment.
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Exhibit D - LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Aqreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $IO0,000 for each such failure.
Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
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SUBRECIPIENT warrants the following:
1. SUBRECIPIENTwillcomplywithPublicLaw88-352, Title Vl of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.
2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3, All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee For such services; and are not otherwise employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development finds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372.
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Exhibit E - DRUG-FREE WORKPLACE
Certification Reqardinq Druq-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the u.s. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the u.s. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about - (1 ) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will -
(1 ) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days afier such conviction. (e) Notifying the u.s. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - 44 586
(1 ) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code).the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the u.s. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form.
Organization
Authorized Signature Date
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PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used or the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
100
46 588
ATT ACHMENT C
C(\)MPATIOR
COUNSELING CENTER
COVER LETTER
City of Sorith Gate
City Clerk's Office
Attn: Ana LeNoue, Interiin Housing Manager
8650 California Ave., South Gate, CA 90280
Re: Mental Healtli Assistance Progran'i
Ainerican Rescue Plan Act (AJIPA)
Date: Jtuie 15, 2022
Tl'iank you for tlie opportunity to apply for ARPA funding with the City of South Gate. Con'ipatior is willing to continue to commit clii'iical staff, resources and collateral sei'vices to the ARPA program as it lias been doii'ig for the past two years.
Pleasefind our attachedproposalfor tlie ARPA pro@am andtins coverletter which identifies tlie person wlio has binding axithority for Con'ipatior, Inc.
Authorized Representative
Name: Elizabetli Duran, SUDCC II
Agency: Compatior, hic.
Address: 4363 Tweedy Blvd., Soutli Gate, CA 90280
Tel. (323) 378-2009
Email: [email protected]
Website: ivww.compatior.org/wp
State Certification
Compatior is Ceitified by tlie State of Califoiia DHCS as an outpatient treatn'ient center. Certification is granted to outpatient treatment centers, unlike licensed centers that are only for residential services (90 day stays). State Certification can be thought of as a stamp of approval tliat certifies quality to insurance companies, clients or otlier third-party payers. Many counties require that prograins under contract be DHCS Ceitified as a condition of receiving funds. Compatior has been located in tlie City of Soutli Gate and has been certified since tlie year 2013.
4363 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax 213-395-9592
ww.compatior.orq/wp
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Compatior lias received the following proclamations from tlie City of Soritli Gate.
May 2020: Mental Health Awareness
June 2020: Post Traumatic Disorder Awareness
July 2020: National Miiiority Mental Health Awareness
October 2020: Mental Illness Awareness
September 2020: National Slavery and Human Trafficking
January 2021: National Slavery and Human Trafficking
Jurie2021: LGBTQPride
June 2021: Post Traumatic Disorder Awareness
July 2021: National Minority Mental I-Iealtl'i Awareness Sincerely
Elizabeth Duran, SUDC II
Executive Director
4363 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax 213-395-9592
www.compatior.orq/wp
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C9MPAT10R
COUNSELING CENTER
2, Local Presence/History Serving the City of South Gate MaxitnumWord Count: 500 words
MaximumPoints Possible: 20 points
* (3ive a brief overview of your organization and the programs or services you deliver, * Please provide metrics (if available) of the impact you have had over the past 3-5 years. aPrior experience with the same or similar awards,
* Describe your history serving City of South Gate residents.
In the year 2009, Compatior incorporated as a California Non-Profit Corp. In the year 2011, Compatior was granted approval by the Internal Revenue Service as a 501 (c )3 non-profit organization. Since then Compatior has been providing services to the residents of South Gate (SG) in the areas of behavioral health,
h the year 2016, our center received additional funding from the County of Los Angeles Substance Use Prevention and Control. This program is funded to provide tlie following evidence based clinical components to individuals affected by Substance Use Disorders (STJD) and Comorbid Disorders (S{JD and mental health) diagnosis.
Since its inception, our center has had experience with the following contracts in the City of South Gate,
1. Years 2009-2014: California Access to Recovery Effort (CARE) which was funded by the US Substance Abuse and Mental Health Services Adtninistration (SAMHSA). The services provided were a wide amiy of services within the mental health and substance use disorder progrmns.
Prograni serviced approxinnately 482 participants. Services also included case management, supportive services and peer mentoring. Amount $75,000.00
2. Years 2014 to 2016: Covered California Exchange provider, approximate participants serviced 185 in (SG). Cornpatior meet all the state and federal requirements for enrollment into plans for low income Medi-Cal eligible individuals, this pmgram allowed all participants to be compliant with State and Federal laws. Amount $256,000.00
3. Years20l6-2017:StateofCaliforniaDepartmentofHealthCareServices(DHCS)Direct Contracted Provider for Compatior gained certification from the State of California DHCS under the.State of California Alcohol and Drug Programs Administration. Prograin focused on evidence based clinical screening and assessments, individualized counseling, therapeutic group counseling and family counseling. Services provided to 215 participants. Amount $256,000.00
4. Year 2021 : COVID-19 rental assistance for City of South Gate. Screened and processed over 65 South Gate residents appIications for Rental Assistance under CDBG COVID-19 emergency assistance funds. Amount $120,000.00
5. Year 2018 to Present: Compatior is an active contractor from the Los AngeIes County Substance Abuse Prevention and Control (SAPC). Programs contracted Outpatient Drug Free Level 1.0, Intensive Outpatient Substance Use Disorder Level 2.O and Prenatal Outpatient Services. Services provided on an annual basis 515 individuals. Amount $356,000.00 4363 Tweedy Blvd., South Gate, CA 90280
Tel.323-378-2009 Fax2l3-395-9592
www.compatior.org/wp
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6. Year2020toPresent:CityofSouthGate,CDBGCOVID-19MentalHealthServices,todatea total of 166 individuals have beenprovided senices. Amount $305,000.00
7. Year2021toPresent:ProgramfundedbytheUnitedStatesSAMHSAundertheBehavioral Healtli Workforce Development (BHWD) and administered by the State of California DHCS.
Program focuses on the Behavior HealUh Workforce (BHWD) and Peer Workforce Investment (PWI). Estimated participants serviced 200. Amount $500,000.00 Compatior is the only state certified Outpatient Treatment program in South Gate and South East LA areas. Compatior is listed in the SAMHSA and the D:HCS as the only local provider of outpatient level
1.O and Ievel 2.0 services.
4363 Tweedy Blvd., South Gate, CA 90280
Tel.323-378-2009 Fax213-395-9592
www.compatior.orq/wp
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C@MPATIOR
COUNSELING CEN'TER
3. Diversity that Reflects the Community Served in Staff and Board Maximum Word Count: 250 words
Maximum Points Possible: 10 points
* Describe the population that you intend to serve with this funding. * How does your organization's staff and board reflect or connect with that community? Provide an organizational chart.
Intended population to be serviced are residents of South Gate that are in need of behavioral health services which include S{JD and mental health senices, Services are provided in age appropriate formats with a brealcdown of the following age groups: Ages: 12-17, ages 18-20 and ages 21 and over. Target population will be screened and assessed to meet ARPA and City of SG program requirements.
Compatioris culturally diverse and reflects the community that we serveby empkoying andhaving local board members that currently live, own businesses and grew up in SG. Compatior strives to mainiain a diverse workforce sensitive to the unique needs of persons served and representative of the community it serves.
Having local representation has helped us reduce stigma associated with seeking help for mental illness, and SUD, iii addition to promoting inclusion within the community.
Our staff and board is reflective of our community 90 % of our board members live in SG and 80 % of our staff live in South Gate which represents our multi-generation community members. We have an advisory board composed of community members and former clients who have been impacted by mental health and SUD. Our center is recognized by the US Small Business Administration as being female owned, minority owned, and disadvantaged business. Our staff is Bilingual and Biliterate in English and Spanisli. Our board is composed of 90% female and 10% male and our staff is composed of 80% female and 20% male.
See auachedorganizattonal chart.
4363 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax 213-395-9592
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COMPATIOR
ORGANIZATIONAL
CHART
Effective
Year 2022 Elizabeth Duran
President
Board of Diredors
Diana Gonzalez
Secrataiy
Ronald William
Hoch
Treasurer
Felipe Aguirre
Board Member
Jenny Perez
BOam Member
Medical DiredOr
ShahrouzGhadsiah,
MC)
Executive DireCtQr
Elizabeth Duran
Program Director
Paula J5rres
Community
Advisory Board
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09MPATIOR
COUNSEuNG CENTER
4. Staff and Financial Capacity to Implement the Program or Plan for Building Organizattonal Capacity Maximum Word Count: 750 words
Maximum Points Possible: 20 points
* What is your current staffing level? List the names and positions of the staff responsible for implementing the proposed activities.
* How do you currently track and manage your finances?
* Describe your organization's practices regarding meetingthe reporting requirements of a funding agency.
Include inthe description how the organization will meet the reporting requirements of ARPA. * I-Iow wilI this funding support your organizational capacity to deliver the proposed program? * The extent and results of Federal awarding agency monitoring (e.g., if the organization also receives Federal awards directly from a Federal awarding agency).
* Experience with and sound financial management of large programs (e,g., programs with an annual budget exceeding $100,000)
* Does your organization employ or contract for the services of a Certified Public Accountant? Staffing for proposed program
MedicalDirector: ShahrouzGhodsian,MD,specializingiiiAddictionsMedicineandInteriialMedicine,and Mental Health Crisis Stabilization. The NPI number of Dr. Ghodsian is 1861404535 and is registered since 02/12/2006. The Primary Taxonomy codes 2084AO401X - Psychiatry & Neurology Addiction Medicine, 207ROOOOOX- Internal Medicine, 207RAO401X - Internal MedicineAddiction Medicine 207RNO300X - hiternal Medicine Nephrology.
Margaret Ann Garcia, LCSW
The NPI number of MargaretAnn Garcia is 1982829842 and is registered since 04/16/2007. Practitioner's priniary taxonomy code is The code 1041CO700X. Licensed Clinical SociaI Workers (LCSWs) are licensed to provide diagnoses and counseling services to individuals suffering from mental, behavioral, and other emotional lSSueS.
Elizabeth Duran, SUDCC n
Subslance Use Disorder CertifiedAddictions Counselor Ievel II The NPI mimber of Elizabeth Duran is 1548480213 and was assigned onApriI 2007. The practitioner's primary taxonomy code is 101YAO400X grouped under behavioral health & social service providers with a specialization in addiction (S{JD)
Paula Torres, S{JDCC II
Substance UseDisorder CertifiedAddictions Counselor level U The NPI number of Paula Torres is 1083064422 and was assigned on June 2016. The practitioner's priinary taxonomy code is 101YAO400X.
Jaines Symington, MPA, SUDCC I
Substance Use Disorder Certified Addictions Counselor level 1 The NPI number of James Symington is 1811462302 and was assigned on October 2018. The practitioner's primarytaxonomycodeis 101YAO400X groupedunderbehavioralhealth&socialserviceproviderswitha specialization in addiction (SkJD)
4363 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax 2'l3-395-9592
www.compatior.org
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Sarah Garcia, RADT
The NPI numberof SarahGarciais 1821672023andwas assigned on May 2021. The practitioner's primary taxonomy codeis1011YAO400Xgroupedunderbehavioral health & social service providers with a specialization in addiction (SUD)
Compatiormaintainsanannualbudgetthat ensures resources are being appropriately allocated for the mission, goals,andobjectivesof theorganization.Compatior complete an annual review by our CPAto ensure that businessis conductedconsistentwith soundfiscal practices, and to utilize the results of the audit to improve the financial condition of the organization.
The generalapproachof Compatior in allocatingcosts to particular grants and contracts is as follows:
a. All allowabledirect costsarechargeddirectly to programs, grants, activity, etc, b. All otherallowablegeneralandadttstrative costs(coststhatbenefit all programs and cannot be identifiedto aspecificprogram)areallocatedtoprograms,grants,etc.using a base that results in an equitable distribution in accordance with project policies.
Compatiorwill meetthereportingrequire:a'ientsby subtnittingquarterlyreportswhich detail hours worked, employeeproviding the services,keepfiles andrecordsof individuals seniced. Financial planning of expenditures is done on a quarterly basis.
A. BusinessFunctionImprovement:Compatiorhasaninformation management stnicture that allows for information/datato beutiLizedby the Boardof Directorsandthe SeniorMariagement Team to make decisions thatimprovetheoperationsof theorganization.Information is utilized in making decisions that support the heafthof theorganization.Areasof information thatarekey to decision-making are as follows: finances, accessibility,resourceallocation, corporatecompUance,cultural diversity andcompetency, risk management, humanresources,technology,healthandsafety,field trends, and service delivery.
B. ServiceDelivery Improvement:All Compatiorprograms maintain an organized data collection system for progratnimprovement,Datais collectedat variouspoints in service to measure the effectiveness of services, theefficiencyof theprovision of services,accessto services,and satisfaction with services. The service delivery performanceimprovementteamis chargedwith ongoingdevelopmentof quality indicators, collection of the data,utilizing thedatato makeservicedelivery andprogram improvements, and reporting the information to the SeniorManagementTeam for analysis,consultation, and needed resource allocation.
Compatiorhasexperiencein themanagementof state and county contracts as listed on item 2 of this application.
In additionto providing servicesunder federalagencies such as the United States SAMI{SA adtninistration.
Compatiorhas multiple reporting requirements for every grant/contract administered.
This funding will continueto supportour SGMental health services that are currently being delivered under City of SGfunding. This continuingof'services is crucial because it will not interrupt services being delivered to individuals currentty in treatment.This funding will continue to allow us to provide crucial mental health services to SGresidents currently fimded under the CDBG, CDBG, CDBG-CV andARPA.
Compatior currently administers $1,200,000.00 in grants.
Compatior's CertifiedPublicAccountant (CPA)
Fernando Calderoq C.P.A
AdvancedAccounting & Tax Solutions
10831 DowneyAve, Downey, CA90241
Tel. 562-923-4681 www.aats-cpa.com
4363 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax 213-395-9592
www.compatior.orq
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C@MPATIOR
COUNSELiNG CENTER
5. Program Plan, includtng Budget, Collaborations, and Expected Impact Maximum Word Count: 750 words
Maximum Points Possible: 30 points
* Describe the program or services yorir organization will implement, including existing services. aWhat are your goals and targeted outcomes?
* What collaborations, if any, will you use to accomplish these goals? * Submit an operating budget for the fiscal year. The fiscal year is July la' through June 30th. * Bidders must clearly statethe fully burdened hourly rate being proposed for said services. @Be sure to include additional funding sources and, where possible, identify ifthose funding sources use ARPA funds
Prograin Plan/Existing Services
Compatiorprovides servicesundercurrentcontract for lhe City of SG program is currently implemented and in compliancewith City standards.Ifthe ARPA program is awarded/continued our services will continue to beprovidedwithout interruptionto SG residents currently in treatment in addition to expanding services.
BehavioralheaIthservices, mentalhealthservices and SUD screenings. Services will be provided utili zing evidence based programs including clinical practices that include screening, assessments, individual counseling,family counseling,group counseUng, mental health education and skill development services.
The ASAM Criteria is utilized to tneet the goals and objectives. The ASAM is appmved by the American SocietyofAddictionMedicine, it is themost widelyused andcomprehensive set ofguidelines forplacement, of patientswith co-occur*g conditions (Mental health and SUD). The ASAM Criteria's strength-based multidimensionalassessmenttakesinto account a patient's needs, obstacles and liabilities, as well as their strengths, assets, resources, and support structure.
The ASAM criteria is divided into 6 dimensions:
Ditnension l- Acute intoxication and/or withdrawol
Dimension 2 - Biomedical conditions and complications
Dimension 3 - Emotional, behavioral, or cognitive conditions arid complications Dimension 4 - Readiness to change
Dimension 5 -Relapse, continued use, or continued problem potential Dimension 6-Recovery/living environment
Compatiorutilizes Cognitive Behavioral Therapy (CBT) and Motivational Enhancemeiu Therapy (MET) evidence based practices for service delivery:
CBT isaform of psychologicaltreatmentthathasbeendeinonstratedto beeffective for a range of problems including depression,anxietydisorders,alcohol anddiug use problems, marital problems, eating disorders, and severe mental illness.
4363 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax 213-395-9592
www.compatior.orq
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MBT is a counseling approach that helps individuals resolve their ambivalence about engaging in treatment and stopping their drug use. This approach aims to evoke rapid and internally motivated change, rather than guide the patient stepwise through the recovery process.
Evidence Based Screenings and Assessments
Other exiting programs that are available to individuals identified as needing more intensive services are as follows:
Clinical Component 1.0: Outpatient Drug Free Treatment
Our Outpatient services focus on providing evidence based Substance Use Disorder (SUD) treatment. This includes the provides the following evidence based treatments: Clinical screening and assessments, treatment planning, recovery planning, SUD and mental health educational sessions, indi'vidual and group counseling sessions, crisis counseling and case management services to assist with obtaining services such as health care services, employment assistance, legal advocacy, social services, vocational services and other community services.
Clinical Component 2,0: Intensive Outpatient Treatment Progim OurItttensive outpatient services areprovided to clients forat leastnine hours perweek. This service includes a planned regimen of evidence based treatment. Intensive outpatient treatment is designed to deliver clinical services to enhance a client's ability to move toward long-term recovery.
Prenatal Substance Use Disorder Program
This program component provides services clinical services as described in the Prenatal Practice Guidelines under the Califoia Department of Health and Human Services.
In addition to providing Mental Health and Substance Use disorder services, Compatior has a goal of providing approximately 200 residents with emotional first aid educationto meet the mental health education for tMs RFP. Program component will provide awareness and education about mental health in hopes of reducing stigma while providing local access to mental health senices.
Compatior will continue to comply with current ARPA reporting requirements such as written reports of completed activities including evidence of completed work and quarterly reports which will follow all state and federal HIPPA compliance policies.
Dueto its longcoinmunitystandingouragency collaborates withvarious organizations suchasthe following:
LAUSD with sateIlite opening in August 2021 at South East High School tmough MOU. Priorily services will be provided to South Gate residents under ARPA funds if approved.
1. Lynwood Unified School District
2. Los Angeles County office of SAPC
3. Los Angeles County Department of Mental Health SPA 7, as Community Partner.
4. State of Califoia Department of Health and Human Services, progratns administered by the Advocates for I-Iuman Potential (AHP) for Peer Workforce DevelopmentItnprovement under the Behavioral Workforce Development (B}:[D) efforts.
5. KIPP public charter schools
Hourly rate of services being proposed at fully burdened rate of $150.00 per hour.
Current ARPA funds from City of South Gate $305,000.00
4363 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax213-395-9592
www.compatior.orq
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NOT ARPA
Los Angels County SAPC $356,000
State of California DHCS (BHWD/PWI) $500,000
Los Angeles County office of Women's Health $50,000
City of South Gate emergency rental assistance $120,000.00 City of South Gate CDBG, CDBG-CV now ARPA: $ 305.000.00 4363 Tweedy Blvd., South Gate, CA 90280
Tea. 323-378-2009 Fax 213-395-9592
www.compatior.org
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C@MPATIOR
COUNSELING CENTER
6. Program Response to Community COVm-19
Maximum Word Count: 750 words
MBximum Points Possible: 20 points
* Describe how yourproposed program is a response to COVID-19 needs in your community aHow has your organization already responded to COWD-19 impacts? Please describe any examples and outcomes from tbis work.
* How does your proposed program serve those with the greatest need or impact due to COVID-19? aHow does this proposal reflect the City of South Gate's COWD-19 community priorities (violence prevention and community safety activities, mental health, youth outreach, job training, emergency assistance, and addressing health disparities)?
COVID-19 pandemic still has emotional and psychoIogical effects on our community to this day. Our agency continues to provide services to many of the families who were dislocated from their homes due to lack of employment and resources and now suffer from high rates of anxiety and depression. Many of the individuals currently being serviced at our center are still suffering from the grieving process of losing a loved one, Students who experienced long periods of quarantine now face a new challenge of readjusting to in person classroom are still reporting a high rate of social anxiety, loneliness, distress and anger resulting in negative psychological outcomes.
There is tremendous need, especially for high-risk, low income neighborhoods such as ours, for programs that provide Mental Health and behavior health services. Our center is in the Los Angeles County SPA 7 which was designated a"hot spot" during the height of the COWD pandemic. In 2019, the Los Angeles County SAPC published its findings in which it stated "Compared to the same time period in 2019, the SPA'swith the highest increase in accidema/ drug overdose death rates per 100,000 population were: SPA 7 (98.7%).
Our city is the largest city in the South East Los Angeles (SELA) area, with some of the same problems faced by similar urban, minority neighborhoods, Under the previous CDBG and now ARPA we have provided service to SG residents in the area of depression, suicide prevention and intervention, substance abuseand mental health issues that affect the wellbeing of our community. Compatior has played a big part in the transformation of our comtnunities access to seryices, Our SG Mental Health program is a direct response to the COVID-19 pandemic because it took a "all boots on the ground" approach which enabled us to NOT close our doors during the heiglit of the pandemic.
Many individuals who were helped in our community suffered from long periods of isolation, death of family members, near death experiences and spikes in depression and suicide attempts and ideations due to COVID-19, Ourresponse to the COVTD-19 pandemic included providing senices to individuals reporting high rates of anxiety, depression, fatigue and distress. During the early stages of the pandemic our agency ensured that CDBG participants also had access to PPE supplies, accessto food and essentials in addition to accessto testing and COVID-19 related medical services by coordinating efforts with our network of CBO's 4363 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax 213-395-9592
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and medical providers. In addition to mental health senrices, our center provided access to testing, crisis counseling and other supportive senices.
Compatior has an established presence in SG and has earned a reputation throughout SG of being a safe haven where for community members in need ofmental health, COVn)-19 supplies and case managetnent.
Compatior has a screening process that will screen for COVID-19 impact that includes completing 'Tarticipant Data Sheets" as required by HUD for subrecipients.
Our organization reflects the City of SouUh Gate's COVID-19 community priorities by addressing violence prevention, community safety, mental health, youth outreach, job training and emergency assistance by providing services under our evidence-based programs as described in section 5 of this proposal, Youth outreach has been provided in a series of "mental health awareness fairs" the latest during the month of May for Mental health awareness at local middle schools and igh schools.
Compatior provided outreach to as many as 500 students creating a successful partnership that will begin August of 2022 which will allow Compatior to open an additional satellite location at South East High School,
See attached Certificate of appreciation from LAUSD.
Compatior has initiated its Recovery Support Senices funded under the SB 803 and is available to all familymembersandsupportsystemofindividualswhosufferfrommentalhealthprobletns. Servicesare provided under the new Senate Bill focused on expanding supportive services to individuals affected by mental health and SUD.
Compatior hopes to address health disparities by actively participating in services providedunder Senate Bill 803 which aims to promote supportive services in addition to assisting recipients inthe following areas which include access to employment opportunities whiIe addressing inental health obstacles that may interferewiththeirlongtermgoalsofreturningtotheworkforce, Goalsareasfollows:
* Support the ongoing provision of services for individuals experiencing mental healtli care needs, substatice use disorder needs, or both, by certified peer support specialists. * Support coaching, linkage, and skiU building of individuals with mental health needs, substance i'ise disorder needs, or both, and to families or significai'it support pe,iOnS. * iiicrease'fauiilysupportbybuildingonthestrengthsoffamiliesaridhelpingthemachieveabctter uncierstanding of mental illness in order to help individu.a]s achieve desired outco:mes. * Support collaboration with otliers providing care or support to the individual or family. * Assistparents,families,andindividuals in develoliitig copingmechanismsandprobletn-solving skills in order to help individuals achieve desired oritcomes. * Promoteskillbuildingforiiidividualsintheareasofsocialization,recovery,self-sufficiency,selfadvocacy, development of natural suppoits, and maititenance of skills leamed in other support servtces.
* Encourageemploymentunder tlie lieer support specialist certification to reflect the culture, ethnicity, sexual orientation, getxler identity, mental health service experiences, and substance use disorder experiences of the ixidividuals the peer support specialists setve. * l)reparation for employment oppoittuffties, including study and test-ta)cing skills, application and r6surn6 preparation, interviewirxg, and otherpotential requireinents for employnient. 4363 Tweedy Blvd., South Gate, CA 90280
Tel.323-378-2009 Fax213-395-9592
www.compatior.orq
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C@MPATIOR
COUNSELtNG CEN'rER
June 20, 2022
Section 7 Investigation Statement
Compatior has NOT been subject of a public or private audit or investigation due to potential or alleged financial mismanagement.
ElizabethDutan, 8{JDC [I
Executive Director
4363 Tweedy Blvd., South Gate, CA 90280
Te(. 323-378-2009 Fax 213-395-9592
www.compatior.orq
114 602
C9MPAT10R
COUNSELING CENTER
June 20, 2022
Section 8 Insurance Requirements
Please find our current Insurance Policies with the City of South Gate listed on the certificate.
Sincerely,
DHran, SUDC n
Executive Director
4383 Tweedy Blvd., South Gate, CA 90280
Tel. 323-378-2009 Fax 2'l3-395-9592
www.compatior.orq
115
603
DATE(MNHDD/'IYYY)
I 5/27/2022 '
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER8 NO RlaHTS UPON THE CE:RTIFIC.1TE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EmND OR ALTER THE COVERAGE AFFOROED BY THE POLIC1E8 BELOW. THIS CERTiFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN81JRER(S), AUTHORIZED REPRESENT ATtVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the ta.rtlficate holder )s an ADDITIONAL INSURED, the policy(los) must have ADDmONAL INIURED provisions or be endorsed. If 8UBROGATION IS WAIVED, subject to the terms and condiUons of the pollcy, certain pollcles may requlre an endorsement. A statement on this certificate doeg not confer rights to the certlfk,ate holder In lieu of such endorsement(s}.
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8650 California Avenue
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Presented to
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for your participation and support in our
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Thanks to partnersips like yours, the students oE our community 'become better citizens through mental wellbeing.
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Monthly Annual
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$250.00
$225.00
$16,500.00
$2,750.00
$2,475,00
$4,400.00
$11,000.00
$1,925.00
$1,650.00
$2,750.00
$1,650.00
$129,800.00
$400.00
$1,000,00
$175,00
$150.00
$250.00
$150,00
$11,800.00
Month Projected Annual lncome
$15,900.00 $174,900.00
122
CITYMANAfaER'S OFFICE Item No. 13
JUL 20 2022
Ciffl of South Gate
CITY COUNCIL
AGENDA BULL
Department Dir
For the Regular Meeting of: July 26, 2022
a ' a Department: Community Development
City Manager:
t . El aa Chris Je ers
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH THE CONSERV ATION
CORPS OF LONG BEACH FOR A JOB TRAINIING PROGRAM SERVICES FOR THE
CITY OF SOUTH GATE
PURPOSE: The Professional Services Agreement between the City of South Gate and Conservation Corps of Long Beach (CCLB) will help the City address illegal dumping of bulky items while providing paid on the job training to young adults.
RECOMMENDED ACTIONS: The City Council will consider:
a. Approving a Professional Services Agreement with Conservation Corps of Long Beach to provide job training program services in an amount not to exceed $183,120; b. Appropriating $183,120 of ARPA funds to account number 268-900-12-6101 (Professional Services); and
c. Authorizing the Mayor to execute the Professional Services Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: ARPA funds, in the amount of $183,120, will be included in the FY 2022/23 budget.
ANALYSIS: The Conservation Corps of Long Beach was established in 1987 to help youth realize their potential while serving the Gateway Cities area. Corps members are exposed to a variety of environmental work experiences while receiving personal development opportunities.
CCLB offers trainings and internships with cities andlocal organizations. Participants can get their high school diploma through The Education Corps.
The CCLB is one of the most successful programs in assisting youth who have either dropped out of school or for other reasons, cannot find employment. The CCLB has served the southeast Los Angeles area for over 30 years. They have a long history of providing employment for young adults ages 18 to 25, while providing job training, life skills and requiring members to complete their education.
BACKGROUND: The CCLB currently has a South Gate Strike Team working alongside our Code Enforcement Division providing services such as trash and bulky item pick-up, and litter removal. The Strike Team is provided an ongoing list of priority projects, technical assistance, 1 611
project materials and project site access. Their assistance has allowed the City to respond more quickly to illegal dumping complaints, lowered the number of calls, and afforded Code Enforcement Officers the opportunity to prioritize life and safety violations. Approving the proposed agreement will allow the Strike Team to continue their work at the City. The Strike Team will consist of a three-member crew working seven hours a day from Monday to Thursday. The CCLB will provide their own safety gear, supplies, vehicle, and :tuel. It is important to note that these positions will not be replacing full-time nor part-time City employees.
ATTACHMENT: Proposed Agreement (including Scope of Work - Exhibit "A") 2 612
AGREEMENT FOR PROFESSIONAL SERVICES FOR AN
EMPLOYMENT AND JOB TRAINING PROGRAM BETWEEN THE
CITY OF SOUTH GATE AND CONSERVATION CORPS OF
LONG BEACH
This Agreement for Professional Services ("Agreement") for an employment and job training program is made and entered into on July 26, 2022, by and between the City of South Gate, a municipal corporation ("City"), and Conservation Corps of Long Beach, a California domestic nonprofit corporation ("Subrecipient"). City and Subrecipient are sometimes hereinafter individually referred to as a"Party" and collectively as "Parties."
RECIT ALS
WHEREAS, City has been allocated an estimated $34.5 million American Rescue Plan Act ("ARPA") funds from the United States Government through its Treasury Department; and WHEREAS, City has appropriated ARPA funds to qualified third-party providers for designated services eligible under the ARPA guidelines: and WHEREAS, on July 26, 2022, the City Council allocated $183,120 from the ARPA funds for an Employment and Job Training Program ("Program") for the removal of discarded bulky items for Fiscal Year 22/23 by the Subrecipient; and WHEREAS, City desires to retain a qualified provider for certain services relating to employment and job training program; and
WHEREAS, Subrecipient warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the job training services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Subrecipient, which is qualified by reason of experience, preparation, organization, staffing, and facilities, to provide the program and/or services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement; and
WHEREAS, Subrecipient agrees to implement the Program in accordance with all ARPA program requirements and any additional requirements imposed upon Subrecipient by City; and
WHEREAS, Subrecipient recognizes the public benefit in providing the program and/or services described below in the Scope of Services to low- and moderate-income ("LMI") persons and desires Subrecipient to carg out said program and/or services on City's behalf. 5116863.1-L235.0 (Fomi Rev. 9/8/2 l)
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Agreement for Professional Services
CONSERV ATION CORPS OF LONG BEACH
NOW, THEREFORE, the Parties hereby agree as follows:
1. SCOPE OF SERVICES. City hereby engages Subrecipient, and Subrecipient accepts such engagement, to perform the services set forth in the Scope of Services as described in Exhibit "A" attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.
2. COMPENSATION FOR SERVICES. The total amount of compensation for this Agreement shall not exceed the sum of One Hundred Eighty-Three Thousand One Hundred Twenty Dollars ($183,120) as described in Subrecipient's proposal attached hereto as Exhibit "A." City shall pay Subrecipient for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by Community Development Director or his/her designee.
2.1 Subrecipient shall be required to attend meetings at City Hall as necessary in the delivery of the projects. Travel time between Subrecipient's office and City Hall shall not be billable. Subrecipient may request an exemption on a case-by-case basis, which shall be subject to City approval.
2.2 Subrecipient shall be paid in accordance with the schedule included in Subrecipient's proposal attached hereto as Exhibit "A." City shall pay Subrecipient within thirty (30) days of receipt of the invoice.
2.3 No payment made hereunder by City to Subrecipient, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Subrecipient of its obligations under this Agreement.
3. TERM OF AGREE.MENT. This Agreement is effective as of July 1, 2022, and will remain in effect for a period of one year from said date or until project completion, with an option to extend for two one-year periods, unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein.
4. CITY AGENT. The Director of Community Development ("Director"), or her designee, for the purposes of this Agreement, is the agent for City. Whenever approval or authorization is required, Subrecipient understands that the Director, or his/her designee, has the authority to provide that approval or authorization.
5. CONFLICT OF INTEREST. Subrecipient represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by Subrecipient under this Agreement.
Subrecipient further represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Subrecipient agrees that it will 5116863.1-L235.0
r
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Agreement for Professional Services
CONSERV ATION CORPS OF LONG BEACH
immediately notify City of any other conflict of interest that may exist or develop during the term of this Agreement.
5.1 Subrecipient represents that no City employee or official has a material financial interest in Subrecipient's business. During the term of this Agreement and/or as a result of being awarded this contract, Subrecipient shall not offer, encourage or accept any financial interest in Subrecipient's business or in this Agreement by any City employee or official.
6. GENERAL TERMS AND CONDITIONS.
6.1 Termination for Convenience. City may terminate this Agreement at any time without cause by giving fifteen (15) days written notice to Subrecipient of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of City, become its property. If this Agreement is terminated by City as provided herein, Subrecipient will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.
6.2 Termination for Cause.
6.2.1 City may, by written notice to Subrecipient, terminate the whole or any part of this Agreement in any of the following circumstances:
a. If Subrecipient fails to perform the services required by this Agreement within the time specified herein or any authorized extension thereof', or b. If Subrecipient fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of ten (10) days (or such longer period as City may authorize in writing) a:[ter receipt of notice from City specifying such failure.
6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.
6.2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Subrecipient to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, films, charts, sketches, computations, surveys, models, or other similar documentation prepared by Subrecipient. Upon such termination, Subrecipient shall be paid an amount equal to the value of the work performed. In ascertaining the value of the 5]16863.1-L235.0
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Agreement for Professional Services
CONSERV ATION CORPS OF LONG BEACH
work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Subrecipient, and to authorized reimbursement expenses.
6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Subrecipient was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6. 1. above.
6.3 Non-Assignability. Subrecipient shall not assign or transfer any interest in this Agreement without the express prior written consent of City.
6.4 Non-Discrimination.
6.4.1 Subrecipient shall not discriminate against any employee, subcontractor, or applicant for employment because of to race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and the City governrnents. Subrecipient will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age.
Subrecipient will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Subrecipient to perform services under this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
6.4.2 The provisions of Subsection 6.4.2 above shall be included in all solicitations or advertisements placed by or on behalf of Subrecipient for personnel to perform any services under this Agreement. City shall have access to all documents, data, and records of Subrecipient and its subcontractors for purposes of determining compliance with the equal employment opportunity and nondiscrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
5116863.1-L235.0
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Agreement for Professional Services
CONSERV ATION CORPS OF LONG BEACH
6.5 Insurance. Subrecipient shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement:
6.5.1 Workers Compensation Insurance as required by law. Subrecipient shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.
6.5.2 Comprehensive general and automobile liability insurance protecting Subrecipient in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for propeity damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional insured the City, its officers, and employees. c. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Subrecipient pursuant to the terms of this Agreement.
6.6 Indemnification. Subrecipient agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all claims or actions of any kind asserted against City and/or any other City agency arising out of Subrecipient's (including Subrecipient's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Subrecipient.
6.7 Compliance with Applicable Law. Subrecipient and City shall comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governments, without regard to conflict of law principles.
6.8 Independent Contractor. This Agreement is by and between City and Subrecipient 5116863.1-L235.0
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Agreement for Professional Services
CONSERV ATION CORPS OF LONG BEACH
and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Subrecipient.
6.8.1 Subrecipient shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Subrecipient, or any of Subrecipient's employees, except as herein set forth, and Subrecipient expressly warrants not to, at any time or in any maru'ier, represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Subrecipient is and shall at all times remain to City a wholly independent contractor and Subrecipient's obligations to City are solely such as are prescribed by this Agreement.
6.8.2 Indemnification of CalPERS Determination - In the event that Subrecipient or any employee, agent, or subcontractor of Subrecipient providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Subrecipient shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Subrecipient or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.
6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Subrecipient.
6.9 Subrecipient's Personnel.
6.9.1 All services required under the Agreement will be performed by Subrecipient, or under Subrecipient's direct supervision, and all personnel shall possess the qualifications, pernnits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as required by the South Gate Municipal Code.
6.9.2 Subrecipient shall be solely responsible for the satisfactory work performance of all persoru'iel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
6.9.3 Subrecipient shall be responsible for payment of all employees' and 5116863.1-L235.0
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Agreement for Professional Services
CONSERV ATION CORPS OF LONG BEACH
subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security.
6.9.4 Subrecipient shall indemnify and hold harmless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of persoru"iel practices or of any acts of omissions by Subrecipient in connection with the work performed arising from this Agreement.
6.10 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Subrecipient.
6.11 Legal Construction.
6.11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California without regard to conflict of law principles.
6.11.2 This Agreement shall be constnied without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
6.11.3. The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
6.11.4. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6.12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement which shall be binding upon all Parties hereto.
6.13 Final Payment Acceptance Constitutes Release. The acceptance by Subrecipient of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Subrecipient for anything done, furnished, or relating to Subrecipient's work or sei'vices. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and 5116863.1-L235.0
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Agreement for Professional Services
CONSERV ATION CORPS OF LONG BEACH
liability of Subrecipient, its employees, sub-Subrecipients and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Subrecipient, its employees, sub-Subrecipients and agents.
6.14 Corrections. In addition to the above indemnification obligations, Subrecipient shall correct, at its expense, all errors in the work which may be disclosed during City's review of Subrecipient's report or plans. Should Subrecipient fail to make such correction in a reasonably, timely manner, such correction shall be made by City, and the cost thereof shall be charged to Subrecipient.
6.15 Files. All files of Subrecipient pertaining to City shall be and remain the property of City. Subrecipient will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.
6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
6.17 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.
6.18 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
6.19 Attorneys' Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or coru'iected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to Iv
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CONSERVATION CORPS OF LONG BEACH
reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6.20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Subrecipient, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Subrecipient.
6.21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confimiation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY:
City of South Gate
Meredith T. Elguira, Director
8650 California Avenue
South Gate, CA 90280
Email: [email protected]
TEL: (323) 563-9529
TO SUBRECIPIENT:
Dan Knapp,
Executive Director
Conservation Corps of Long Beach
340 Nieto Avenue
Long Beach, CA 90814
Email: [email protected]
TEL: (562) 986-1249
WITH COURTESY COPY TO:
City Clerk's Office
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze@,sogate.orz
TEL: (323) 563-9510
6.22 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.
6.23 Consultation with Attorney. Subrecipient warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.
6.24 Interpretation Against Drafting Party. City and Subrecipient agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be constnied against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.
5]16863.1-L235.0
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CONSERV ATION CORPS OF LONG BEACH
7. EFFECTIVE DATE. The effective date of this Agreement is July 1, 2022 and will remain in effect through and until project completion, unless otherwise terminated in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CITY OF 'SOUTH GATE:
By:
Al Rios, Mayor
Dated:
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
CONSERVATION CORPS OF LONG BEACH:
By:
Dan Knapp, Executive Director
Dated:
5116863.1-L235.0
l?/
622
EXHIBIT'A"
;";';l' W
Meredith T. Elguira
Director
City of South Gate
Community Development
8650 California Avenue
South gate, CA 90280
July 13, 2022
Re: Conservation Corps of Long Beach
Illegal Dumping/Bulky Item Pick Up
Dear Mrs. Elguira,
Thank you Forshowing interest in utilizing the Conservation Corps or Long Beach to perform services for the City of South Gate. As a community youth development agency, the Conservation Corps of Long Beach is continually searching for meaningful projects where young people have an opportunity to learn and grow and at the same time help enhance their community and environment. Working with the City of South Gate is a venture where both the community and the young people working on the project benefit. We are extremely thrilled and eager to continue working with the City of South Gate and we are pleased to submit the attached cost estimate for the outlined project.
Established in 1987, the Conservation Corps of Long Beach is one of 13 State Ceriified Community Conservation Corps programs in California. In order to Fulfill our mission, we train and educate our young people by coupling our state accredited alternative high school with various conservation work projects. We utilize projects such as, but not limited to, graffiti removal, habitat restoration, recycling, urban forestry, fire fuel reduction, invasive vegetation treatment, community garden development, and construction to assist in the training our young people and provide them with marketable work skills while at the same time help preserve and restore our local environment. A list of past and current related projects as well as sponsor references is available upon request.
Quote
Description
Crew members
Unit Cost
$35.00
Crew#
3 Hours
112
Total
$11,760.00
Safety gear and supplies (bags)
Vehicle/Fuel
$ 1,000.00
$ 2,500.00
Monthly Cost Total: $15,260.00
623
CCLB will provide:
CCLB corpsmembers work four days a week, 7 hours a day. The cost estimate includes all necessary insurance (general liability, worker's compensation, auto, etc.) labor, supervision, payroll taxes, employee fringe, basic tools, safety gear, transportation, and coordination. The CCLB City of South Gate Strike Team will be able to provide prioritized services throughout the City. Based on the City's priorities and resources, the crew/s could act as a strike team and provide services such as trash, bulky item and litter removal and while ensuring proper handling or materials and promote recycling when possible. We will rely on the City to provide an ongoing list of priority projects as well as any necessary technical assistance, project materials, and project site access.
The CCLB will utilize our agency safety program for the protection of the CCLB Strike crews as well as for the public and private property impacted by our debris removal work. We follow all accepted OSHA procedures. Corpsmembers and staff on the CCLB Strike crews will have appropriate safety gear and uniforms, including boots, hard hats, orange safety vests, goggles, respirators, and gloves. For removal projects near public streets or sidewalks, we properly place traffic cones, and assign a trained traffic steward to slow traffic through our work zones. In addition to these procedures, CCLB carries all appropriate personal and property insurance coverage.
City of South Gate will provide:
@ Dumpingprivilegesfordisposalofbullyitemsanddebriscollected @ Identify area of service
"Note;' Outlined costs are all inclusive and incorporate: labor, supervision, coordination, transportation, and all applicable insurance, fringe, & taxes e.g. workers comp, liability, health, etc...
The Conservation Corps of Long Beach is a non-profit 501(c)(3) with over 29 years of experience performing a wide variety of projects with various cities and agencies within the County or Los Angeles and beyond. If youhaveanyquestions,pleasefeelfreeto contactmeat(714)[email protected] Irene Lopez-Muroat [email protected] at 562)215-2940.
Sincerely,
Dan Knapp
Executive Director/CEO
21 Page
i4624
'.;H'b hx'[M!VMQjCttS3 UTh?!(:L Item No. 13a
JUL 2 & 2022
e: lOpz
City of South Gate
CITY COUNCIL
AGENDA BaILL
For the Regular Meeting of: July 26, 2022
Originating Department: Community Development
Department Director:
ADDENDUM
City Manager:
r El ira ChrisJe ers
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH THE CONSERVATION
CORPS OF LONG BEACH FOR A JOB TRAIINING PROGRAM SERVICES FOR THE
CITY OF SOUTH GATE
PURPOSE: The Professional Services Agreement between the City of South Gate and Conservation Corps of Long Beach (CCLB) will help the City address illegal dumping of bulky items while providing paid on the job training to young adults.
RECOMIS/IENDED ACTIONS: The City Council will consider:
a. Approving a Professional Services Agreement with Conservation Corps of Long Beach to provide job training program services in an amount not to exceed $183,120 for services rendered in FY 2021/22 (February through June) and FY2022/23; b. Appropriating a total of $183,120 of ARPA funds to account number 268-900-12; and c. Authorizing the Mayor to execute the Professional Services Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: ARPA funds, in the amount of $183,120, will be included in the FY 2022/23 budget.
BACKGROUND: As mentioned in the earlier report, the CCLB currently has a South Gate Strike Team working alongside our Code Enforcement Division providing services such as trash and bulky item pick-up, and litter removal. Their service to the City began last year at the height of illegal dumping. The addendum presented would modify the agreement to cover the time period from February 1, 2022 through June 30, 2023. The original agenda item agreement covered only the FY 22-23 time period. There is no additional funding needed. Staff believes same funding should cariy the program through the entire amended time period as it will be supplemented by the previously approved funding through the California for All Youth Workforce grant with CCLB which the City Council approved at the May 24, 2022 meeting. In addition, with the new bulky item coverage under the solid waste agreement, which starts on January 1, 2023 we anticipate its impact will further provide coverage that either the CCLB is doing under contract or City workforce is handling.
l
625
CITYMANAGER'SOFFICE Item No. 14
JUL 20 2022
'!HzoOv- C'Uyof South Gate
CITY COUNCIL
AGENDA JBT[LL
For the Regular Meeting of: July 26, 2021
Ori a a ent: Public Works
SUBJECT: GRANT DEED FOR RIGHT-OF-WAY DEDICATION AT 4654
FIRESTONE BOULEV ARD FOR STREET PURPOSES FROM PRELL SOUTH GATE, LLC
PURPOSE: To accept a dedication of right-of-way for street purposes as a part of the proposed development project located at 4654 Firestone Boulevard, at no cost to the City.
RECOMMENDED ACTIONS: The City Council will consider:
a. Accepting the Grant Deed from Prell South Gate, LLC., to secure a 20-foot swath of right-of-way for street purposes as part of the proposed development project located at 4654 Firestone Boulevard which was required pursuant to the Mobility Element of the South Gate General Plan 2035; and
b. Authorizing the Mayor to execute the Certificate of Acceptance in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact. The Grant Deed dedication will be made at no cost to the City.
ANALYSIS: The Public Works Department (Department) has the authority to require developers to grant right-of-way dedications to the City for street purposes as a part of the entitlement process. This authority is granted under Chapter 5.32 (Street Dedication and Improvement), (Street Dedication and Improvement), Title 5 (Streets and Sidewalks) of the South Gate Municipal Code; by the California Government Code Section 37354 which authorizes a city to acquire real property for any public purpose; and by the California Government Code Section 66475 which authorizes a city to place exactions on private development such as to dedicate real property for the purpose of streets, alleys, drainage, public utility easements, or other public purposes. This authority was utilized to exact a dedication of right-of-way from the subject development.
BACKGROUND: The Department requires dedications of rights-of-way for street purposes from development projects as means to comply with the Mobility Element of the South Gate General Plan 2035 or to meet mobility demands from the project. l 626
A development project was submitted by Prell South Gate, LLC., for the site located at 4654 Firestone Boulevard where a Dunkin Donuts will be constructed. As a part of the entitlement process, the Public Works Department placed conditions of approval on the development requiring the dedication of a 20-foot swath of right-of-way along Firestone Boulevard. This dedication resolves an existing property boundary issue of a 12.5 public sidewalk and curb currently located on private property. The additional 7.5 feet is needed for roadway purposes.
Resolution No. 6536, adopted November 9, 1999, authorizes the Mayor to accept the subject grant deed dedication without approval from the City Council. Resolution No. 6536 is more than 20 years old; therefore, staff is recommending that the grant deed dedication be accepted via City Council action.
ATT ACHMENTS: A.
B.
Grant Deed - Prell South Gate, LLC (4654 Firestone Boulevard) Resolution No. 6536
GD:lc
2 627
Recording Requested By,
and When Recorded Mail To,
and Mail Tax Statements To:
CITY OF SOUTH GATE
8650 Califomia Avenue
South Gate, CA 90280
Attn: City Clerk
Documentary Transfer Tax: None.
This document is exempt from payment of
documentary transfer taxes pursuant to
Revenue and Taxation Codet F§11922
This document is also exerript from the
payment of recording fees pursuant to
Government Code §§ 6103 and 27363
Assessor's Parcel Numbers: 6216-014-011
Site Address: 4654 Firestone Blvd
South Gate, CA 90280
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, Prell South Gate LLC, owner ("Grantor"), does hereby gtant, convey and transfer to the City of South Gate, a California municipal corporation ("Grantee"), all of Grantor's right, title, and interest in and to that certain real property described and depicted on Exhibit A, each of which are attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of September 28, 2021.
Prell South Gate LLC
Owner
4720803.1-L235.53
628
EXHIBIT " A"
LEGAL DESCRIPTION
STREET AND HIGHWAY EASEMENT
BEING THE NORTHERLY 20.00 FEET OF LOTS 581 AND 582 0F TRACT NO, 6666, IN THE CITY OF SOUTH GATE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 72, PAGES 45 TO 41
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CO{JNTY.
DESCRIPTION CONT AINS 1,278 SQUARE FEET, MORE OR LESS.
SEE EXHIBIT "B" ATT ACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
ON POINT LAND SUR YING, INC.
No. 8133
Of -(,
PAGE l OF I
4 629
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PREPARED AT THE REQUEST OF HARIYA INC.
THIS PLAT IS SOLELY AN AID IN LOCATING
THE PARCEL(S) DESCRIBED IN THE
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SCALE: 1"=30'
PREPARED BY: gZ-d'h/' ! DATE: SEPTEMBER 2021
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630
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the do6urnent to which this certificate is attached, and not the tmthfulness, , or vali a of that document.
State of California )
CountyofL%eles ) O!Thn")Ci
On &tpfrrmxrJri>'jeroreme, MClinda t' +n)a"'O, anotarypublic, personallyappeared ThlOf) SC/ntrf>hllla(, ,whoprovedtomeonthebasisof satisfactory evidence to be tlie person(s) whose name(s) is/are subscribed to the within instnunent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
NotaryPublic-California2
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4720803.1-L235.53
631
CERTIFICATE OF ACCEPTANCE
This is to ceitify that the fee interest in the noithernly twenty foot strip of real propeity located at 4654 Firestone Boulevard, South Gate, California, conveyed to the City of South Gate, as grantee, under the foregoing Grant Deed by Prell South Gate LLC, owner, as grantor, is hereby accepted by tlie Mayor of the City of South Gate on behalf of the City of South Gate pursuant to authority conferred by action of the City Council of the City of South Gate taken on July 26, 2022, and tlie Grantee consents to recordation thereof by its duly authorized officer.
CITY OF SOUTH GATE
a California municipal corporation
BY:
Al Rios, Mayor
ATTEST:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
R1Egs,'Atto"3@
4720803 l -L235 53
632
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or valida of that document.
State of California )
County of Los Angeles )
On ,beforeme, , anotarypublic,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PEN ALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer coi'npleting this certificate verifies only the identity of the individual who signed the docui'nent to which this certificate is attached, and not the truthfulness, accurac , or valida of that document.
State of California )
County of Los Angeles )
On ,beforeme, , anotarypublic,
personally appeared Carmen Avalos, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
633
RESOLUTION NO.6a
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
A RESOLUTION OF THE SOUTH GATE CITY COUNCIL
AUTHORIZING THE MAYOR OF THE CITY OF SOUTH
GATE TO ACCEPT OR REJECT ANY OFFERS OF
DEDICATION OF REAL ruOt'bhlN M)R STREETS,
PATHS, ALLEYS, PUBLIC UTILITY EASEMENTS OR
OTHER PUBLIC PURPOSES
WHEREAS, California Government Code Section 37354 authorizes a city to acquire red property by gift, bequest, or devise.
WaHRREAS, pursuant to California Government Code Section 66475, a city may require, as a condition of its approval of a land entitlement, the dedication of real property for the purpose of streets, paths, alleys, drainage, public utility easements, other public easements or other public purposes.
WHEREAS, a dedication of real property is not effective, and no title shall pass to a city, until a resolution of acceptance by the legislative body, or an acceptance of dedication on a final map, is filed in the office of the county recorder.
WHEREAS, for purposes of ease and convenience relating to the process of any offer of dedication of real property, the City Council desires to have the Mayor accept, accept subject to improvement, or reject any offer of dedication of said property, on behalf of the City of South Gate, so as to benefit the City's general public welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE HEREBY FINDS, DETERMINES, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council authorizes the Mayor, on behalf of the City Council of the City of South Gate, to accept, accept subject to improvement, or reject any offer of dedication of real property for streets, alleys, drainage, public utility easements, other public easements, or other public purposes.
SECTION 2. The City Clerk shall attest and certify to the passage and adoption of this Resolution, which shall become effective the date of its adoption.
SECTION 3. The City Clerk is hereby directed and authorized to transmit a certified copy of this Resolution to the office of the county recorder in which the real property is located.
634
PASSED, APPROVED and ADOPTED this 9th day of November 1999. 'A!:2.cGhZ*OR
ATI'EST
NINA BANUELOS, CITY CLERK (SEAL)
APPROVED AS TO FORM:
,if&sts,-A/aib...-
ARNOLD ALV AREZ-GLASMAN,
CITY ATTORNEY
635
CITYMANAGER'S OFFICE Item No. 15
JULj9 2022
5: tspm City of South Gate
CITY COUNCIL
A(GENDA JBI[LL
For the Regular Meeting o'f: July 26, 2022
Originating Department: City Manager's Office
City Manager:
SUBJECT: RESOLUTION APPROVING A TENATIVE AGREEMENT WITH THE SOUTH
GATE MUNICIPAL EMPLOYEES ASSOCIATION FOR A SUCCESSOR MOU FOR THE PERIOD JULY 1, 2021 THROUGH JUNE 30, 2024
PURPOSE: To consider a Tentative Agreement of deal points for a successor labor agreement between the City of South Gate ("City") and the South Gate Municipal Employees Association [affiliated and represented by the Service Employees International Union, Local 7211 (hereinafter collectively "Association") covering the time period of July 1, 2021 through June 30, 2024 ("MEA MOU 2021-24").
RECOMMENDED ACTION: The City Council consider adopting a Resolution approving a Tentative Agreement for a memorandum of understanding between the City of South Gate and the South Gate Municipal Employees Association for the period of July 1, 2021 through June 30, 2024.
FISCAL IMPACT: The total cost of the proposed Tentative Agreement with the Association is projected at approximately $2,320,000 million for the term of the successor MEA MOU, of which approximately $677,000 is from the General Fund. The other costs are from the American Rescue Plan Act funds for providing "Essential Worker" compensation for those employees required to work during the COVID-19 pandemic time period (March 18, 2020, to January 1, 2022). A more detailed costing table is provided in Attachment B.
ANALYSIS: The most recent Memorandum of Understanding ("MOU") between the City and the Association covered the period of July 1, 2014 through June 30, 2015 ("SGMEA MOU 2014-2015").
The SGMEA MOU 2014-2015 was subsequently extended through June 30, 2017, by amendment and side letter. Thereafter, the City and the Association reached a Tentative Agreement for a successor MOU covering the period of July 1, 2017 through June 30, 2020, which was ratified by the Association and approved by City Council, but no successor MOU was ever jointly circulated or adopted prior to the expiration of the Tentative Agreement. Thereafter, the parties informally agreed to maintain the status quo for an extra year through June 30, 2021, due to the ongoing COVID-19 pandemic.
In compliance with the Myers-Millas-Brown Act ("MMBA") codified at Govemment Code Section 3500, et seq., the labor representatives for the City and the Association commenced negotiations for a new MOU in January 2022. The City Council was kept apprised of the negotiations and provided direction to Staff during legally noticed Closed Sessions. The parties were able to come to a tentative 1 636
agreement on deal points for a three-year MOU (July 1, 2021 through June 30, 2024). The Association represents that it has ratified the Tentative Agreement and the signatures of the labor representatives thereon reflect a joint recommendation from the negotiation teams of both the City and the Association to the City Council.
The MMBA requires the local legislative body to vote to accept or reject a tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. If approved and adopted, the parties shall then jointly prepare a written memorandum of understanding for approval by the City Council (Gov't Code section 3505.1). Accordingly, if the Tentative Agreement is approved by City Council, then City Staff and the Association will continue to meet and confer to create a comprehensive MOU that is consistent with the prior labor agreements between the parties and this Tentative Agreement being presented for approval and adoption, which MOU will be brought to the City Council at a future date for adoption and approval. The approval of the attached Tentative Agreement authorizes the immediate implementation of the various negotiated deal point terms and conditions of employment of the Association represented employees as specifically provided therein.
ATTACHMENTS: A. ProposedResolution(includingExhibitA-TentativeAgreement) B. MRG Cost Analysis of MEA MOU Tentative Agreement
2 637
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING A TENT ATIVE AGREEMENT FOR
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SOUTH GATE AND THE SOUTH GATE MUNICIPAL EMPLOYEES
ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2024
wHEREAS, in 2014, the South Gate City Council approved a successor Memorandum of Understanding ("MOU") with the South Gate Municipal Employees Association ("MEA") for the period covering July 1, 2014 through June 30, 2015, along with various Amendment(s), Side Letters and Tentative Agreements covering the period of June 30, 2015 to the present; and WHEREAS, representatives of the City of South Gate and MEA have met and conferred in good faith on various terms and conditions for a Tentative Agreement ("TA") for a comprehensive successor MOU which will cover the time period of July 1, 2021 through June 30, 2024; and
WHEREAS, the City Council is required under Government Code section 3505.1 to approve a Tentative Agreement prior to the parties jointly preparing a written memorandum of understanding based upon such TA; and
WHEREAS, a successor MEA MOU 2021-24 will be brought back to the City Council at a future date for approval consistent with the deal points of the TA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the Tentative Agreement between the City of South Gate and the MEA attached hereto as 'Exhibit A."
SECTION 2. The City Council requests that the parties jointly prepare a written memorandum of understanding consistent with the Tentative Agreement to be brought to City Council for formal approval and adoption.
SECTION 3. The City Clerk shall attest to and certify the passage and adoption of this Resolution and the TA, which shall be effective upon such adoption.
638
PASSED, APPROVED and AJ)OPTED this 26'h day of July 2022.
CITY OF SOUTH GATE:
BY:
Al Rios, Mayor
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
Raul . Salinas, City Attorney
639
EXHIBIT A
W.J:'/' ,!,
iiia-V
I
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L1
"a 4-
7iiBBi'
TENT ATIVE AGREEMENT
FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING
Per California Government Code Section 3505.1
Between
The City of South Gate and
The South Gate Municipal Employees Association (SGMEA)
The most recent Memorandum of Understanding ("MOU") between the City and the South Gate Municipal Employees Association ("Association") [affiliated and represented by the Service Employees International Union, Local 721], was dated January 15, 2015, for the period July 1, 2014 through June 30, 2015 ("SGMEA MOU 2014-2015"). The SGMEA MOU 2014-2015 was subsequently extended through June 30, 2017. Thereafter, the parties reached a Tentative Agreement for a successor MOU covering the period July 1, 2017 through June 30, 2020, which was ratified by the Association and approved by City Council, but no successor MOU was ever jointly circulated or adopted prior to the Tentative Agreement's expiration. The parties then informally agreed to maintain the status quo for an extra year through June 30, 2021 due to the ongoing COVID-19 pandemic.
The parties thereafter commenced negotiations on a successor MOU, with the first meeting being held on January 27, 2022. Just prior to that meeting, the Association provided its initial proposals for a successor MOU covering the period July 1, 2021 through June 30, 2024. The parties then met on March 23, April 19, May 9, May 25, June 7 and June 22, 2022. The parties also exchanged written and oral proposals and counter proposals, reaching a complete tentative agreement on a successor MOU, the deal points of which are set forth below and affirmed by the execution of this Tentative Agreement by the parties' labor representatives. This Tentative Agreement was ratified by the members of the SGMEA on June 28, 2022. This Tentative Agreement shall not become effective until accepted, approved, and adopted by the South Gate City Council per California Government Code Section 3505.1, which provides:
"If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding." 640
Any items within the SGMEA MOU 2014-15, the subsequent Amendments or Tentative Agreements or Side Letters or any other current labor agreements not addressed herein are proposed to remain unchanged until such time as the successor MOU is ratified by the Association and approved and adopted by City Council; however, any contractual language that has a specific end date will be deemed of no further force and effect.
TENTATIVE AGREEMENT
ARTICLE I, SECTION 1. RECOGNITION
Replace previous MOU language with the following:
The South Gate Municipal Employees Association [affiliated and represented by the Service Employees International Union, Local 721], hereinafter called the "Association" or "SGMEA", is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee unit defined in Section 8.2.5 of the City's Employer-Employee Relations Resolution (Resolution No. 4508) as "All Municipal Employees of the City" assigned to the "500" Series salary range.
ARTICLE I, SECTION 2. CURRENT AND SUPPLEMENTAL AGREEMENTS Replace previous MOU language with the following:
The City and the Association previously entered into a Memorandum of Understanding ("MOU") dated January 15, 2015, for the period July 1, 2014 through June 30, 2015 ("SGMEA MOU 2014- 2015"), which set forth the wages, hours and other terms and conditions of employment for employees represented by the Association. The SGMEA MOU 2014-2015 was subsequently extended through Amendment No 1 thereto through June 30, 2017. On November 30, 2017, the parties reached a complete Tentative Agreement on a successor MOU for the period July 1, 2017 through June 30, 2020, which was ratified by the members of the SGMEA on December 4, 2017 and adopted by the City Council on December 12, 2017 as Contract 3401. A successor MOU, however, was not prepared prior to the expiration of the Tentative Agreement.
Thereafter, the parties agreed to maintain the status quo of the most recent agreement between the parties for an additional year, through June 30, 2021.
It is the intent of the City and the Association that this successor MOU supersede all previous resolutions, MOUs, agreements, side letters or understandings either written or oral, and contains the entire understanding between the parties on all matters subject to the meet and confer process. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by duly authorized representatives of the City and the Association.
ARTICLE I, SECTION 3. NON-DISCRIMINATION
Replace previous MOU language with the following:
The City and the Association agree that, in applying the terms of this MOU, neither party will discriminate against any employee because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, political beliefs and affiliations, or union affiliation of any person or for any other reason prohibited by law.
SGMEA Successor MOU 2021-24 Tentative Agreement 2
641
ARTICLE I, SECTION 4. DURATION
Replace previous MOU language with the following:
This MOU shall cover the period from July 1, 2021 through June 30, 2024 and shall supersede the SGMEA MOU 2014-15, the Amendment No. 1 thereto, the Tentative Agreement Contract No. 3401 and any Side Letters entered into during or after the adoption of the Tentative Agreement, which are intended to be incorporated in this MOU if to be continued. The MOU shall become effective only after ratification by the members of the Association and after the first full pay period after adoption by the City Council of the City of South Gate.
ARTICLE I, SECTION 6. PROTECTION CLAUSE
Delete this Section from previous MOU and renumber the remaining Sections accordingly.
ARTICLE I, SECTION 7. CONTRACTING OUT SERVICES
Replace previous MOU language with the following:
The City retains the right contract out services as allowed by law. To the extent required by law, the City will meet and confer with the Association prior to the initiation of the bidding process to contract out bargaining unit work. It is the parties' intent to avoid the lay-off of any employee due to contracting out wherever possible, but the parties' understand that the City may do so as a business necessity. The Association agrees that it will cooperate with the City in determining the most efficient and effective ways to accomplish work processes, though the City retains the ultimate decision making authority regarding matters within its management prerogative/rights as defined by Section 5 of the City's Employer-Employee Relations Resolution No. 4508. If it is determined that a represented employee is laid off as a result of contracting out of services, the employee will receive a separation benefit of four (4) months pay in addition to the normal termination benefits applicable to other employees covered by this MOU.
ARTICLE I, SECTION 8. DRESS CODE
Replace previous MOU language with the following:
The parties agree that City dress codes shall be determined by management in accordance with business necessity and shall not be subject to meet and confer.
ARTICLE I, SECTION 11. LABOR MANAGEMENT COMMITTEE
Replace previous MOU language with the following:
The parties shall use Joint Labor Management Committee meetings as needed to address issues of concern to the parties. The purpose of the Committee meetings shall be to discuss issues of interest to the unit members, issues of interest to management and issues of mutual interest.
The party calling for the meeting shall provide the agenda for the meeting and provide the list of attendees from their side at least one week in advance of the meeting, with the other party supplementing the agenda at least two days in advance of the meeting and providing the list of their attendees. The meetings shall be attended by representatives of the City as deemed by the City necessary to address the issues, which shall start with the Director of Human Resources.
The meetings shall be attended by no more than two employee representatives of the Association, along with any non-employee representatives as deemed necessary. If either party requires more than 2 employee representatives, they may request their attendance in advance and the request will not be unreasonably denied.
SGMEA Successor MOU 2021-24 Tentative Agreement 3
642
ARTICLE I, SECTION 13. PROBATION
Parties agree to change probation from six (6) months to one (1) year for all Unit member appointments, but still may only be extended thereafter for six (6) months effective the first full pay period after adoption of this Tentative Agreement by the City Council of the City of South Gate.
Evaluations shall be done at six (6) months and twelve (12) months. If an employee is not timely evaluated on or before twelve (12) months after hire, then their probation is deemed automatically extended until completed and a formal decision is made to fail, pass or extend probation by a set period of time. No employee shall be deemed to have passed probation by failure of the City to timely act on the probation as only formal written approval by the Personnel Officer can result in permanent status in the position.
[This provision shall combine both Association represented civilian PD employees and non-PD employees.]
Automatic Extension: If the City does not complete the final evaluation of promotional appointments within 15 business days after the end of the probationary period, then the employee will be deemed to have passed probation. If the City does not complete the final evaluation of new hire appointments within 60 business days after the end of the probationary period, then the employee will be deemed to have passed probation.
Step Raise Clarification: Employees on probation will receive a step raise the first full pay period after successfully completing their probationary period.
ARTICLE I, SECTION 21. DRINKING WATER
Replace existing language with the following: "The City will ensure that employees have access to drinking water."
ARTICLE I, SECTION 22. ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENTATIONS AND INFORMATION The following changes shall be made to the previous MOU provision:
r)urruant to /\B 11D, dfcctivc following tm datc that City Council approvcd the tentative agrccmcnt for this MOU, i.c. Novcmbcr 26, 2017, t Thc City agrees to provide no less than 10 calendar days" notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means. In accordance with Government Code Section 3557, access shall be determined by mutual agreement between the City and the Association. Access could be effectuated by representational attendance or correspondence, although the parties" preference is generally correspondence over representational attendance.
The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.
The City aqrccz, pursuant to /\B 21(J, to provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire. The City also agrees to provide the Association with a list of the foregoing information for all bargaining unit employees at least once every 120 days at the Association's written request.
SGMEA Successor MOU 2021-24 Tentative Agreement 4
643
Notwithstanding the foregoing, in accordance with Govcrnmcnt Code Section 625n.3(a)(3), the City shall w'll not provide the Association with the home address or any phone number on file with the City of any employee performing law enforcement-related functions. For purposes of this MOU, "law enforcement-related functions" includes any City police department employee and any City code enforcement officer. In accordance with Govcrnmcnt Code Section 625/1.3(c), .the-The City will not provide the Association with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the Public Records Act).
ARTICLE 1,SECTION 23. EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL DOCUMENTS The following new Section 23 shall be added to the MOU which shall state as follows:
Employees being served with City documents that contain a formal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acknowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my rights." ARTICLE II, SECTION 2. WAGES
Replace the previous MOU section with the following:
A. For Fiscal Year 2021-22, there shall be no cost-of-living-adjustment ("COLA") or change in salary ranges.
B. Eff.ective the first full payroll period in July 2022 or the first full payroll period after City Council approval of either a Tentative Agreement or a successor MOU, whichever is later, the salary range and base salary for the represented Unit classifications and employees still on payroll shall be increased by seven and one-quarter percent (7.25%).
C. Effective the second full payroll period in July 2022 or the second full payroll period after City Council approval of either a Tentative Agreement or a successor MOU, whichever is later, employees still on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of 55000.
D. Effective the first full payroll period in July 2023 the base salary for the classifications for the represented Unit classifications shall be increased by three and one-half percent (3.5%).
E. Effective the second full payroll period in July 2023, employees still on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of 54000.
F. Salary ranges for all current classifications shall be updated in the MOU Appendix to be in conformance with the above agreements.
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ARTICLE II, SECTION 3. LONGEVITY PAY
Effective the first full pay period after adoption of this Tentative Agreement by the City Council of the City of South Gate, the previous MOU percentages for Longevity Pay shall be converted to flat pay rates based upon the top step for each classification as of June 30, 2022. A Pay Schedule reflecting these flat pay amounts shall be attached to the MOU. See MOU Appendix A-3 attached hereto. The parties shall also correct the following underlined language:
20 years plus one day or more te-24 -!-g%
ARTICLE II, SECTION 4. MERIT BASED STEP INCREASE
The following sentence shall be deleted from this Section of the previous MOU:
"Special merit increases of onc (1) or two (2) stcpz for outr,tanding job performance up to the top of thc salary rangc may bc granted."
ARTICLE II, SECTION 5. WORKING TEMPORARILY IN A HIGHER CLASSIFICATION This Section of the previous MOU shall be deleted in its entirety and replaced with the following new Section Title and language to be effective the first full pay period after adoption of this Tentative Agreement by the City Council of the City of South Gate :
ACTING PAY
A. RIGHT TO ADDITIONAL COMPENSATION.
Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below under the terms set forth below.
B. CONDITIONS PRECEDENT FOR ACTING PAY COMPENSATION
1. Minimum Time in Classification Requirement
The employee must be appointed to work in a temporarily vacant and budgeted higher classification for the requisite time periods specified below:
a. If the temporarily vacant and budgeted higher classification to which the employee is appointed is vacant due to lack of a permanent employee occupying said position, the requisite time period is three (3) consecutive work weeks in order to receive acting pay, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
b. If the temporarily vacant and budgeted higher classification to which the employee is assigned is vacant due to a temporary absence of a permanent employee, such as illness, vacation, leave of absence, or absence without leave, the requisite time period is a cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the higher classification, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
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2. Authorization
Appointment to act and work in a temporarily vacant and budgeted higher classification must be approved in writing signed by the Department Director.
Additionally, prior to the first day of eligibility for compensation, as stated in subparagraph 1, the Personnel Officer has authorized the appointment in writing to confirm that there is a temporarily vacant and budgeted higher classification. If the Personnel Officer is not available to approve the appointment, then the Department Director shall not continue the acting appointment beyond five (5) working days unless or until they have obtained approval of the Personnel Officer.
3. Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of a five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.
ARTICLE II, SECTION 6. EDUCATIONAL REIMBURSEMENT
The following sentence from the previous MOU provision shall be deleted: "An annual budget of SIO0,000 will be available for this plan." To be replaced with: "The City shall reasonably budget for this expense based upon past use experience."
ARTICLE II, SECTION 7. MILEAGE ALLOWANCE
The following changes shall be made to the previous MOU provision:
The City agrees to reimburse employees at a rate equivalent to the IRS allowable Index for employee use of their personal vehicles during the course and scope of their work and on City business.
ARTICLE II, SECTION 9. CERTIFICATE PAY
The following provision shall replace the previous MOU/TA provision:
C. NCCCO Certification
Employees required by their job descriptions to obtain a National Commission for the Certification of Crane Operators (NCCCO) certification for the purposes of operating a crane shall receive additional compensation in the form of S350 per month. Employees who obtain a NCCCO certification for the purposes of operating a crane and whose job description does not require such certification shall receive additional compensation of S50.00 per day for the time actually spent operating the crane on City business. The Department Director must approve the employee obtaining the certificate when the certificate is not required by their job description. The Association grievance regarding NCCCO certification pay which has not yet been resolved shall not be subject to or otherwise impaired by this new provision and shall be determined by the NCCCO certification language in existence at the time the grievance was filed. Any Association represented employee who was already receiving NCCCO certification pay as of the SGMEA Successor MOU 2021-24 Tentative Agreement 7
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effective date of this MOU shall continue to receive such pay until their current certification expires and shall thereafter be governed by this updated provision.
ARTICLE II, SECTION 10. UNIFORM PAY
The previous MOU Section 10 is deleted in its entirety and replaced with the following in lieu of a uniform allowance:
"Represented employees shall not receive prior Uniform Allowance for FY 2022-23. The City will instead set up a voucher/approved vendor option, with a reimbursement provision only if voucher/approved vendor is not available. Employee supervisor must approve any reimbursement request in advance and any reasonable expense request. Until voucher system is set up, City agrees not to discipline employees for poor quality of their uniforms. City and Association to meet and confer within ninety (90) days regarding which classifications/positions are required to wear uniforms, what those uniforms will be, and the reasonable voucher/reimbursement costs for specific items of uniform. " ARTICLE II, SECTION 14. COMMERICAL DRIVER'S LICENSE
The following changes shall be made to the previous MOU provision:
Any City employee who does not possess a Class B driver's license and who is required by his job description to obtain a Class B license shall be sent while on duty to a certified school, which shall be paid for by the City. The City shall, however, receive a credit for the cost of sending employees to driver's training against the individual educational reimbursement cap of each affected employcc S/10,000 annual cap for Education Rcimbur,cmcnt (/\rticlc II, Section 6). /\n employee will be provided only one opportunity to attend driving school at City expense pursuant to this provision. Failure to timely obtain the required Class B Driver's license shall be deemed just cause for termination of employment. Within first six (6) months after adoption of a tentative agreement for a successor MOU, the City and Association representatives shall meet and confer to review which represented classifications should require a Class B Driver's license. During this review period, City shall not terminate any represented employee for not having a Class B Driver's license. Prior medical accommodations regarding having or not havin@ Class B Driver's license will continue to be honored as long as accommodations remain authorized as required by law.
ARTICLE llli SECTION1 MEDICAL, DENTAL & VISION INSURANCE The parties agree to add language to the previous MOU that employees who have not opted out prior to 7/1/2022 or who were hired after 7/1/22 and who opt out of City provided Medical and Dental insurance shall receive one-half of the premium amount for which they would otherwise qualify.
Current employees who have already opted out will continue to receive 100% of the premium amount.
ARTICLEllli SECTION4. RETIREMENT
The parties agree to add language to the previous MOU that starting the first full pay period in July 2023 all represented unit members, "Classic" and "PEPRA" as defined by CalPERS, shall pay 1% towards the employer CalPERS contribution as cost sharing to be implemented by a CalPERS contract amendment.
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Subsection D PRE-TAX FUNDING FOR POST RETIREMENT MEDICAL EXPENSES shall be deleted in its entirety from the previous MOU.
D. PRE T/\X FUNDING FOR r'OST P.ETIREMEr'JT 1'."lEDIC/\L EXPENSES The City will providc a dcfcrrcd compensation account for post rctircmcnt mcdical cxpcnscz. Thc maximum cost to the City shall bt the initial start up fcc (S500), thc annual fee (currently S600), and the individual"r, cost of the plan (currcntly 52.00 per month). /\n open cnrollmcnt shall take placc cach year in latc /\uHust or early ARTICLE Ill, SECTION 5.C RETIREE MEDICAL INSURANCE
Replace existing provision entirely with the following:
The City's Association retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those Association employees who retired prior to the adoption of this TA and who retired with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fifty dollars (!>150) per month. For those employees who after the adoption of this TA retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, shall receive a medical insurance benefit not to exceed three hundred dollars (S300) per month. This section specifically makes no provision for any dependents of the retiree. The retired employee will continue to have the option to purchase medical insurance for themself and their dependents, as currently provided at their own expense.
The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "intent to retire" packet.
ARTICLE llli SECTION 7. LOSS PREVENTION PROGRAM & MEDICAL PROTECTION FOR COMMERCIAL
LICENSE OPERATORS
The title of this Section shall be changed from LOSS PREVENTION PROGRAM to RISK MANAGEMENT....
ARTICLEllli SECTION8. ERRORSAND OMISSIONS POLICY
This Section shall be deleted in its entirety.
The City acknowlcdgcs and the City shall comply with state law rcquiring the City to bt rcsponsiblc for Errors and Omissions madc by thc mcmbcr; in the bargaining unit.
Replace with LONG TERM DISABILITY TITLE and the following:
The City currently provides a Long Term Disability Plan to employees by the City.
ARTICLE IV, SECTION 1. HOLIDAYS
The following changes shall be made to the previous MOU language in Section IB:
City Holiday Leave is not intended to be carried over from one fiscal year to a succeeding fiscal ycar, except for cmployccs who, at the end of the fiscal year, arc out on paid /(dminirtrativc Leave or an Industrial Injury Leave (Workarr;' Comp). In those situations, the employee can SGMEA Successor MOU 2021-24 Tentative Agreement 9
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carry over the unused Holiday Leave hour; for a period of up to 60 calendar days after they return to work. Otherwise, any Holiday Leave remaining from the prcviou; fiscal year shall reduce the amount granted for the cnsuing fiscal year in an equal amount. Any unused Holiday hours will automatically be cashed out at the end of the fiscal year at the employee's base pay rate.
ARTICLE IV, SECTION 2. VACATION
The following change shall be made to MOU Section 2A:
Accrued but unused vacation may be carried over from year to year, however, the maximum allowable vacation accrual is three hundred fifty (350) hours.
The following changes shall be made to MOU Section 2B:
Emplo5iccz may rcqucst a payout of accrucd vacation of up to /10 hourr par year. The requested payout must be in increments of 10 hours. For thc tcrm of this contract no cash out of vacation leave will be allowed. Thc payout will bc made on the firr,t pay pcriod in Dcccmbcr. Employccs dcsiring a payout must submit papcrwork by IlJovcmbcr 1st.
Thc pa5iout will bc made on thc first pa5i period in Dcccmbcr. Employees dcziring :i payout must submit papcrwork by riJovcmbcr 1st.
By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any distribution has been made. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.
ARTICLE IV, SECTION 3. SICK LEAVE
The following changes shall be made to the previous MOU provisions:
C. SICK LEAVE PAYOFF [lnsert new #3 and renumber rest accordingly]
3. Employees hired on or after July 1, 2022 shall not be entitled to sick leave cashout upon separation. Sick leave will remain available for conversion upon retirement to CalPERS service credit as then allowed, or not, by the City's CalPERS contract.
5. [Delete current payment options for all represented employees and limit payment to lump sum at time of separation at base pay rate.] Thc employee may choosc to rcccivc the bcncfit immediately (Option 1), or choozc to rtccivc the bcncfit ovcr a period of time (Option 2). a. Or'TION 1: /\t separation:
r)ayoff pcr abovc formula.
b. Or'TION 2: /\t separation:
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25% of payoff par above formula.
1 ycar after separation: 25% of payoff par abovc formula. 2 years afUr rtparation: 25% of payoff pcr abovc formula. 3 years aftcr zcparation: 25"/6 of payoff par abovc formula.
In rcfcrcncc to Option ff2, in thc cvcnt of a hardship or dcath of the C!x cmploycc, the rcmaining balance of the payoff shall be paid in full upon rcqucst with proper justification. (Thc application of this plan is subject to Fcdcral and St,:itc restrictions.)
ARTICLE IV, SECTION 5. UNPAID LEAVE
The following additional language shall be added at end of MOU provision Section 5A:
The City shall have sole discretion whether or not to grant unpaid leave and the City's decision is not subject to grievance and/or any appeal.
ARTICLE IV, SECTION 11. COMPENSATORY TIME LEAVE
The following changes shall be made to the previous MOU language:
Employees may accrue up to -)-6G)180 hours of Compensatory Time Leave at any one time.
Accrued, unused Compensatory Time Leave shall be cashed-out at an employee's regular rate of pay in the last pay period in June each year.
ARTICLE V, DISCIPLINE & GRIEVANCE PROCEDURES SECTION 1 A.
The following additional Progressive Discipline language shall be added after the first sentence of this subsection:
"Discipline shall be administered according to progressive discipline principles. Employees should be placed on notice and given an opportunity to correct any alleged offenses. Generally, employees should be counseled, followed by a Reprimand/Warning before the City proceeds to more severe discipline such as suspension, reduction in pay, demotion or discharge. City reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. It is understood that certain alleged offenses may be so serious the City may be justified in deviating from progressive discipline principles. In all cases in which the City wishes to administer any disciplinary action, it shall provide the employee and their representative any documentation or other evidence used to support the proposed disciplinary action."
ARTICLEV, DISCIPLINE& GRIEVANCE PROCEDURESSECTION I A 3. REPRIMAND/WARNINGS The following changes to previous MOU language shall be made:
The issuing authority shall include in ther document a "sunset" clause (removal date from personnel file) of eighteen (18) months7, Removal of the document shall be subject to the Department Head's sole discretion based upon if7 the employee's work record justifies removal , the employee has no further discipline in said time period, and after said period the employee makes a written request to the Department Head for removal of said document from the employee personnel files. If the Department Head refuses to remove the document after 18 months, the employee may appeal this decision to the Personnel Officer, whose decision shall be final and binding. The City's decision whether or not to remove the document is not subject to @rievance and/or any appeal.
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ARTICLE V, DISCIPLINE & GRIEVANCE PROCEDURES SECTION 1 C APPEAL OF THE DISCIPLINARY ACTION The parties agree to retain the services of an Administrative Law Judge (All) through the Office of Administrative Hearings (OAH) to conduct the disciplinary action appeal and provide an advisory written decision in place of the City"s Personnel Officer and/or Civil Service Commission hearings in the existing language, with the City Council having the right of review and final decision to accept or modify the advisory decision in its sole discretion. The City and the Association shall share the costs of using the ALI and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's appeal and/or desire to cover half the appeal hearing costs, then the employee shall be limited to having the ALI of the OAH issue an advisory decision to the Personnel Officer who shall make the final decision to accept or modify the advisory decision in their sole discretion, with the City bearing all administrative costs associated with the appeal such as OAH and ALI fees, transcript fees, etc. The Association and/or employee shall bear their own attorney or other representation costs. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALI under the same rules stated herein.
ARTICLE V, DISCIPLINE & GRIEVANCE PROCEDURES SECTION 2 B GRIEVANCE PROCEDURE The parties agree to retain the services of an Administrative Law Judge through the Office of Administrative Hearings to conduct the Step 4 Grievance review in place of the City's Civil Service Commission hearing in the existing language, with the City Council having the right of review and final decision to accept or modify the advisory decision in its sole discretion. The City and the Association shall share the costs of using the ALI and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's grievance and/or desire to cover half the grievance hearing costs, then the Step 3 decision of the Personnel Officer shall be final and binding on the matter. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALI under the same rules stated herein.
ARTICLE Vlll REHIRES AND CONTRACT EMPLOYEES/CONSULTANTS This previous language of this Article is deleted in its entirety and replaced with the following:
"Non-employees and/or outside consultants shall not be involved in employee performance evaluations or discipline of City employees."
City of South Gate
Chris Jeffers, City Manager
Kristopher Ryan, Director of Administrative Svcs.
Nellie Cobos, Deputy Dir. of Admin. Svcs./HR&RM
Colin Tanner, Outside Labor Counsel
South Gate Municipal Employees Association
Jason Troxcil, President
Michael Ramirez, Vice-President
Carolina Gonzalez, Treasurer & Acting Secretary
Robert Hunt, Outside Labor Counsel
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MOU APPENDIX A
RANGES, STEPS, AND JOB TITLES
Pay Plan Category I - Miscellaneous Employees Association Salary tables with effective dates attached as follows:
Appendix Al - effective pay period starting July 30, 2022 Appendix 42 - effective July 1, 2023
Appendix 43 - Longevity Pay Table effective July 30, 2023 SGMEA Successor MOU 2021-24 Tentative Agreement 13
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APPENDIX Al
Salary Pay Table
Pay Plan Category I - South Gate Municipal Employees Association (Civil Service) - bttecttve/-S=1Th'D22
-7,25% Increase
Step A Step B Step C Step D Step E
500 TYPISTCLERK 3,442 3,614 3,795 3,985 4,184
500 CITYHALLRECEPTIONIST 3,442 3,614 3,795 3,985 4,184
501 STOCKCLERK 3,535 3,712 3,897 4,092 4,297
502 GRAFFITIREMOVALWORKER 3,698 3,883 4,077 4,281 4,495 503 CUSTODIAN 3,714 3,900 4,095 4,299 4,514
504 COMMUNITYDEVELOPMENTTECHI 3,786 3,975 4,i74 4,383 4,602 505 INTERMEDIATETYPISTCLERK(PARKS) 3,877 4,071 4,274 4,488 4,713 505 BILLING&SHIPPINGCLERK 3,B77 4,071 4,274 4,488 4,713 505 0FFICEASSISTANT-HR 3,877 4,0?i 4,274 4,488 4,713
505 0FFICEASSISTANT-POLICE 3,877 4,071 4,274 4,488 4,713 505 0FFICEASSISTANT-GENERAL 3,877 4,071 4,214 4,488 4,713 506 GROUNDSMAINTENANCEWORKER 3,890 4,085 4,289 4,503 4,728 506 FACILITIES MAINTENANCE TECHNICIAN I 3,890 4,085 4,289 4,503 4,728 506 PARK FACILITIES MAINTENANCE WORKER 3,890 4,085 4,289 4,503 4,728 507 WATERMETERREADERI 4,018 4,219 4,430 4,651 4,884
508 POLICERECORDSSPECIALIST 4,026 4,227 4,438 4,660 4,893 509 SENIORTYPISTCLERK 4,053 4,255 4,468 4,691 4,926
510 BUSINESSLICENSECLERK 4,093 4,298 4,513 4,738 4,975
510 INTERMEDIATEACCOUNTCLERK-Acct 4,093 4,298 4,513 4,738 4,975 510 INTERMEDIATEACCOUNTCLERK-POLICE 4,093 4,298 4,513 4,738 4,975 510 CUSTOMERSERVICEREPRESENTATIVE 4,093 4,298 4,513 4,738 4,975 511 CMLIANCUSTODYOFFICER 4,151 4,358 4,576 4,805 5,045
511 COMMUNITYSERVICESOFFICER 4,151 4,358 4,576 4,805 5,045 511 SENIORCUSTODIAN 4,151 4,358 4,576 4,805 5,045
511 INFORMATIONSYSTEMSTECHNICIAN 4,151 4,358 4,576 4,805 5,045 512 AQUATICSCOORDINATOR 4,185 4,394 4,614 4,845 5,087
512 RECREATIONCOORDINATOR 4,185 4,394 4,614 4,845 5,087 513 CRIMEPREVENTIONSPECIALIST 4,223 4,434 4,656 4,888 5,133 514 WATERMETERREADERII 4,241 4,453 4,676 4,909 5,155
515 WATER DISTRIBUTION OPERATOR I 4,263 4,476 4,700 4,935 5,182 516 FACILITIESMAINTENANCETECHNICIANII 4,290 4,504 4,730 4,966 5,215 516 STREETMAINTENANCEWORKER 4,290 4,504 4,730 4,966 5,215 517 POLICEPROPERTYSPECIALIST 4,328 4,545 4,772 5,C110 5,261 518 COMMUNITYDEVELOPMENTTECHII 4,352 4,570 4,799 5,038 5,290 5-19 PARKSEQUIPMENTMECHANIC 4,463 4,686 4,921 5,167 5,425 520 WATER SERVICE REPRESENTATIVE I 4,519 4,745 4,982 5,231 5,493 520 ELECTRICIANI 4,519 4,74Ei 4,982 5,231 5,493
520 SEWERMAINTENANCEWORKERI 4,519 4,745 4,982 5,231 5,493 521 SECRETARY 4,580 4,809 5,049 5,301 5,567
522 SENIOR GROUNDS MAINTENANCE WORKER 4,587 4,816 5,057 5,310 5,576 522 PARK FACILITIES MAINTENANCE LEAD 4,587 4,816 5,057 5,310 5,576 523 PAYROLLTECHNICIAN 4,590 4,820 5,061 5,314 5,580
524 POLICEDISPATCHER 4,595 4,825 5,066 5,320 5,586
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Salary Pay Table
Pay,PlanCategoiyI-SouthGate__,_Municipal Em,pl,oyees Association(CivilSe.rv0ce) EffeTfFe/-3T-U22 - o '
- . 7,24>lqqrease
Step A Step B Step C Step D Step E
525 WATERPUMPOPERATORI 4,638 4,869 5,113 5,369 5,637
526 RECORDSCOORDINATOR 4,672 4,906 5,151 5,408 5,679
527 INFORMATION SYSTEMS COORDINATOR 4,685 4,920 5,166 5,424 5,695 528 PUBLICSAFETYSUPERVISOR 4,803 5,043 5,295 5,560 5,838 530 CUSTODIALSUPERVISOR 4,807 5,047 5,299 5,564 5,842
531 POLICERECRUIT 4,BOB 5,048 5,301 5,566 5,844
532 WATER DISTRIBUTION OPERATOR II 4,857 5,099 5,354 5,622 5,903 533 EQUIPMENTMECHANIC 4,860 5,103 5,358 5,626 5,907
534 SENIORSECRETARY 4,907 5,152 5,410 5,680 5,964
535 EQUIPMENTOPERATOR 4,987 5,237 5,499 S,774 6,062
536 SENIORTRAFFIC&SIGNPAINTER 5,015 5,266 5,529 5,806 6,098 537 COMMUNITY DEVELOPMENT TECH Ill 5,016 5,266 5,530 5,806 6,097 538 WATER SERVICE REPRESENTATIVE II 5,056 5,309 5,574 5,853 6,146 539 HOUSINGSPECIALIST 5,103 5,358 5,626 5,907 6,202
540 ELECTRICIANII 5,132 5,388 5,658 5,941 6,238
541 CODEENFORCEMENTOFFICER 5,152 5,410 5,680 5,964 6,262 541 HUMANRESOURCESTECHNICIAN 5,152 5,410 5,680 5,964 6,262 542 FACILITIES MAINTENANCE SPECIALIST 5,264 5,527 5,804 6,094 6,399 543 WATER DISTRIBUTION OPERATOR Ill 5,271 5,535 5,812 6,102 6,407 544 SENIORCOMMUNITYDEVELOPMENTTECH 5,370 5,639 5,921 6,217 6,528 545 GRAFFITILEADWORKER 5,384 5,653 5,936 6,233 6,544
545 STREET LEAD WORKER 5,384 5,653 5,936 6,233 6,544
546 SENIOREQUIPMENTMECHANIC 5,453 5,725 6,012 6.312 6,628 546 SENIOR PARK EQUIPMENT MECHANIC 5,453 5,725 6,012 6,312 6,628 547 SEWERMAINTENANCEWORKERII 4,933 5,180 5,439 5,711 5,997 548 WATERPUMPOPERATORII 5,543 5,820 6,111 6,417 6,738
550 ENGINEERINGTECHNICIAN 5,728 6,014 6,315 6,631 6,962 551 BUILDINGINSPECTOR 5,779 6,068 6,371 6,689 7,024
552 WATERLEADWORKER 5,812 6,102 6,407 6,728 7,064
552 WATERSYSTEMLEADOPERATOR 5,812 6,102 6,407 6,728 7,084 553 JOURNEYELECTRICIAN 6,097 6,402 6,722 7,058 7,411
554 EQUIPMENTSUPERVISOR 6,233 6,544 6,872 7,215 7,57ei
554 STREETFOREMAN 6,233 6,544 6,872 7,215 7,576
555 GENERALMAINTENANCEFOREMAN 6,308 6,624 6,955 7,303 7,668 556 LEADELECTRICIAN 6,500 6,825 7,166 7,524 7,900
557 WATERDISTRIBUTIONFOREMAN 6,730 7,066 7,419 7,790 8,180 557 WATEROPERATIONSFOREMAN 6,730 7,066 7,419 7,790 8,180 558 WATERQUALITY&SYSTEMLEADOPERATOR 6,102 6,407 6,728 7,064 7,417 559 GROUNDS MAINTENANCE SUPERVISOR 5,675 5,959 6,257 6,569 6,898 559 PARK FACILITIES MAINTENANCE SUPERVISOE 5,675 5,959 6,257 6,569 6,898 559 SENIOR CODE ENFORCEMENT OFFICER 5,675 5,959 6,257 6,569 6,898 565 ELECTRICALSUPERVISOR 6,999 7,349 7,716 8,102 8,507
566 RECREATIONSPECIALIST 3,345 3,512 3,688 3,873 4,066
567 SENIORBUILDINGINSPECTOR 6,356 6,674 7,008 7,358 7,726 654
APPENDIX A2
Salary Pay Table
Pay Plan Category I - South Gate Municipal Employees Association (Civil Service) 1 =Efl'63:ola/iod*lnC/-;e-a2s(:'J j
Step A Step B Step C Step D Step E
500 TYPISTCLERK 3,563 3,741 3,928 4,124 4,331
500 CITYHALLRECEPTIONIST 3,563 3,741 3,928 4,124 4,331
501 STOCKCLERK 3,659 3,841 4,034 4,235 4,447
502 GRAFFITIREMOVALWORKER 3,828 4,019 4,220 4,431 4,653 503 CUSTODIAN 3,844 4,036 4,238 4,450 4,672
504 COMMUNITYDEVELOPMENTTECHI 3,918 4,114 4,320 4,536 4,763 505 INTERMEDIATETYPISTCLERK(PARKS) 4,013 4,213 4,424 4,645 4,877 505 BILLING&SHIPPINGCLERK 4,013 4,213 4,424 4,645 4,877 505 0FFICEASSISTANT-HR 4,013 4,213 4,424 4,645 4,877
505 0FFICEASSISTANT-POLICE 4,013 4,213 4,424 4,645 4,877 505 0FFICEASSISTANT-GENERAL 4,013 4,213 4,424 4,645 4,877 506 GROUNDSMAINTENANCEWORKER 4,026 4,228 4,439 4,661 4,894 506 FACILITIES MAINTENANCE TECHNICIAN I 4,026 4,228 4,439 4,661 4,894 506 PARK FACILITIES MAINTENANCE WORKER 4,026 4,228 4,439 4,661 4,894 507 WATERMETERREADERI 4,159 4,367 4,585 4,814 5,055
508 POLICERECORDSSPECIALIST 4,167 4,375 4,594 4,824 5,065 509 SENIORTYPISTCLERK 4,195 4,404 4,624 4,856 5,098
510 BUSINESSLICENSECLERK 4,237 4,448 4,671 4,904 5,150
510 INTERMEDIATEACCOUNTCLERK-Acct 4,237 4,44B 4,671 4,904 5,150 510 INTERMEDIATEACCOUNTCLERK-POLICE 4,237 4,448 4,671 4,904 5,150 510 CUSTOMERSERVICEREPRESENTATIVE 4,237 4,44B 4,671 4,904 5,150 511 CMLIANCUSTODYOFFICER 4,296 4,511 4,736 4,973 5,222
511 COMMUNITYSERVICESOFFICER 4,296 4,511 4,736 4,973 5,222 511 SENIORCUSTODIAN 4,296 4,511 4,736 4,973 5,222
511 INFORMATIONSYSTEMSTECHNICIAN 4,296 4,511 4,736 4,973 5,222 512 AQUATICSCOORDINATOR 4,332 4,548 4,77ei 5,014 5,265
512 RECREATIONCOORDINATOR 4,332 4,548 4,778 5,014 5,265 513 CRIMEPREVENTIONSPECIALIST 4,371 4,589 4,819 5,060 5,312 514 WATERMETERREADERII 4,389 4,609 4,839 5,081 5,335
515 WATERDISTRIBUTIONOPERATORI 4,412 4,633 4,865 5,108 5,363 516 FACILITIESMAINTENANCETECHNICIANII 4,440 4,662 4,895 5,140 5,397 516 STREETMAINTENANCEWORKER 4,440 4,662 4,895 5,140 5,397 517 POLICEPROPERTYSPECIALIST 4,480 4,704 4,939 5,186 5,445 518 COMMUNITYDEVELOPMENTTECHII 4,505 4,730 4,967 5,215 5,476 519 PARKSEQUIPMENTMECHANIC 4,620 4,850 5,093 5,348 5,615 520 WATERSERVICEREPRESENTATIVEI 4,677 4,911 5,156 5,414 5,685 520 ELECTRICIANI 4,877 4,911 5,156 5,414 5,685
520 SEWERMAINTENANCEWORKERI 4,877 4,911 5,156 5,414 5,685 521 SECRETARY 4,740 4,977 5,226 5,487 5,761
522 SENIORGROUNDSMAINTENANCEWORKER 4,748 4,985 5,234 5,496 5,771 522 PARK FACILITIES MAINTENANCE LEAD 4,7453 4,985 5,234 5,496 5,771 523 PAYROLLTECHNICIAN a4,751 4,989 5,238 5,500 5,775
524 POLICEDISPATCHER 4,756 4,994 5,244 5,506 5,781
655
Salary Pay Table
Pay Plan Categoiy I - South Gate Municipal Employees Association (Civil Service) :ffeCtlVe,/.a.'lia;U23
Oo Ingreasb .____ _____,_ .
Step A Step B Step C Step D Step E
525 WATERPUMPOPERATORI 4,800 5,040 5,292 5,556 5,834
526 RECORDSCOORDINATOR 4,836 5,077 5,331 5,598 5,878
527 INFORMATION SYSTEMS COORDINATOR 4,849 5,092 5,347 5,614 5,895 528 PUBLICSAFETYSUPERVISOR 4,971 5,220 5,481 5,755 6,043 530 CUSTODIALSUPERVISOR 4,975 5,224 5,485 5,759 6,047
531 POLICERECRUIT 4,976 5,225 5,486 5,761 6,049
532 WATERDISTRIBUTIONOPERATORII 5,027 5,278 5,542 5,819 6,110 533 EQUIPMENTMECHANIC 5,030 5,281 5,545 5,823 6,114
534 SENIORSECRETARY 5,079 5,333 5,599 5,879 6173
535 EQUIPMENTOPERATOR 5,162 5,420 5,691 5!)76 6,275
536 SENIORTRAFFIC&SIGNPAINTER 5,191 5,450 5,723 6,009 6,309 537 COMMUNITYDEVELOPMENTTECHIII 5,191 5,451 5,723 6,010 6,310 538 WATERSERVICEREPRESENTATIVEII 5,233 5,495 5,769 6,058 6,361 539 HOUSINGSPECIALIST 5,281 5,545 5,823 6,114 6,419
540 ELECTRICIANII 5,311 5,577 5,856 6149 6,456
541 CODEENFORCEMENTOFFICER 5,332 5,599 5,879 6,173 6,482 541 HUMANRESOURCESTECHNICIAN 5,332 5,599 5,879 6,173 6,482 542 FACILITIES MAINTENANCE SPECIALIST 5,449 5,721 6,007 6,307 6,623 543 WATER DISTRIBUTION OPERATOR Ill 5,456 5,729 6,015 6,316 6,632 544 SENIORCOMMUNITYDEVELOPMENTTECH 5,558 5,836 6,128 6,435 6,756 545 GRAFFITILEADWORKER 5,573 5,851 6,144 6,451 ei,773
545 STREETLEADWORKER 5,573 5,851 6,144 6,451 6,773
546 SENIOREQUIPMENTMECHANIC 5,644 5,926 6,222 6,533 6,860 546 SENIOR PARK EQUIPMENT MECHANIC 5,644 5,926 6,222 6,533 6,860 547 SEWERMAINTENANCEWORKERII 5,106 5,361 5,630 5,911 6,207 548 WATERPUMPOPERATORII 5,737 6,024 6,325 6,641 6,974
550 ENGINEERINGTECHNICIAN 5,928 6,225 6,536 6,863 7,206 551 BUILDINGINSPECTOR 5,981 6,280 6,594 6,924 7,270
552 WATERLEADWORKER 6,C115 6,316 6,632 6,963 7,311
552 WATERSYSTEMLEADOPERATOR 6,015 6,316 6,632 6,963 7,311 553 JOURNEYELECTRICIAN 6,311 6,626 6,957 7,305 7,670
554 EQUIPMENTSUPERVISOR 6,451 8,774 7,112 7,468 7,841
554 STREETFOREMAN 6,451 ei,774 7,112 7,468 7,841
555 GENERALMAINTENANCEFOREMAN 6,529 6,856 7,198 7,558 7,936 556 LEADELECTRICIAN 6,727 lOei4 7,4i7 7,788 8,177
557 WATERDISTRIBUTIONFOREMAN 6,965 7,313 7,679 8,063 8,466 557 WATEROPERATIONSFOREMAN 6,965 7,.313 7,679 8,063 8,466 558 WATERQUALITY&SYSTEMLEADOPERATOR 6,316 6,632 6,963 7,311 7,877 559 GROUNDSMAINTENANCESUPERVISOR 5,874 6,167 6,476 6,799 7,139 559 PARKFACILITIESMAINTENANCESUPERVISOR 5,874 6,167 6,476 6,799 7,139 559 SENIORCODEENFORCEMENTOFFICER 5,874 6,167 6,476 6,799 7,139 565 ELECTRICALSUPERVISOR 7,244 7,606 7,986 8,386 8,805
566 RECREATIONSPECIALIST 3,462 3,635 3,817 4,008 4,208
567 SENIORBUILDINGINSPECTOR 6,579 6,908 7,253 7,616 7,997 656
APPENDIX A3
Longevity Pay
South Gate Municipal Employees Association (Civil Service) Effective 7-31-2022
5 to 10 Years 10 to 14 Years 15 to 19 Years 20 Year +
500 TYPISTCLERK 58.52 78.03 97.53 117.04
500 CITYHALLRECEPTIONIST 58.52 78.03 97.53 117.04
501 STOCKCLERK 60.09 80.12 100.'i5 120.19
502 GRAFFITIREMOVALWORKER 62.87 83.83 104.79 125.74
503 CUSTODIAN 63.14 84.18 105.23 126.28
504 COMMuNITYDEVELOPMENTTECHl 64.36 85.81 107.27 128,72 505 INTERMEDIATETYPISTCLERK(PARKS) 65.9'l 87.88 109.85 131.82 505 BILLING&SHIPPINGCLERK 65.91 87.88 109.85 1.31.82
505 0FFICEASSISTANT-HR 65.91 87.88 109.85 131.82
505 0FFICEASSISTANT-POLICE 65.91 87.88 109.85 131,82
505 0FFICEASSISTANT-GENERAL 65.91 87.88 109.85 131.82
506 GROUNDSMAINTENANCEWORKER 66.i3 88.18 iiO.22 132.26
506 FACILITIESMAINTENANCETECHNICIANI 66.13 88.18 110.22 132.26 506 PARKFACILITIESMAINTENANCEWORKER 66.13 88.18 110.22 132,26 507 WATERMETERREADERI 68.31 91.08 il3.84 136.61
508 POLICERECORDSSPECIALIST 68.44 91.25 114.07 136.88
509 SENIORTYPISTCLERK 68.90 91.86 114.83 137.79
510 BUSINESSLICENSECLERK 69.59 92.78 115.98 139.17
510 INTERMEDIATEACCOUNTCLERK-Acct 69.59 92.78 115.98 139.17 510 INTERMEDIATEACCOUNTCLERK-POLICE 69.59 92.78 115.98 139.17 510 CUSTOMERSERVICEREPRESENTATIVE 69.59 92.78 115.98 139.17 511 CMLIANCUSTODYOFFICER 70.56 94.09 117.61 141.13
511 COMMLINITYSERVICESOFFICER 70.56 94.09 117.6al '141.13 511 SENIORCUSTODIAN 70.56 94.09 117.61 141.13
511 INFORMATIONSYSTEMSTECHNICIAN 70.56 94.09 117.61 141.13 512 AQuATICSCOORDINATOR 71.15 94.86 118.58 142.30
512 RECREATIONCOORDINATOR 71.15 94.86 118.58 142.30
513 CRIMEPREVENTIONSPECIALIST 71.79 95.72 119.65 143.58 514 WATERMETERREADERII 72.10 96.13 120.i6 144.19
515 WATERDISTRIBUTIONOPERATORI 72.48 96.63 120.79 144.95 516 FACILITIESMAINTENANCETECHNICIANII 72.93 97.24 121.55 145.86 516 STREETMAINTENANCEWORKER 72.93 97.24 121.55 145.86
517 POLICEPROPERTYSPECIALIST 73.58 98.il 122.63 147.16
5"l8 COMMUNITYDEVELOPMENTTECHII 73.99 98.66 123.32 147.98 519 PARKSEQUIPMENTMECHANIC 75.88 101.17 126.46 151.75
520 WATERSERVICEREPRESENTATIVEI 76.82 102.43 128.03 153.64 520 ELECTRICIANI 76.82 102.43 128.03 153.64
520 SEWERMAINTENANCEWORKERI 76.82 102.43 128.03 153.64
521 SECRETARY 77.85 103.81 129.76 155.71
522 SENIORGROUNDSMAINTENANCEWORKER 77.98 103.97 129.97 155.96 522 PARKFACILITIESMAINTENANCELEAD 77.98 103.97 129.97 155.96 523 PAYROLLTECHNICIAN 78.04 104.05 130.06 156.07
524 POLICEDISPATCHER 78.i2 104.16 130.20 156.24
525 WATERPUMPOPERATORI 78.84 105.i2 131.40 157.68
526 RECORDSCOORDINATOR 79.42 105.90 132.37 158.85
527 INFORMATION SYSTEMS COORDINATOR 79.65 106.20 132.76 159.31 657
Longevity Pay
South Gate Municipal Employees Association (Civil Service) Effective 7-31-2022
5 to 10 Years 10 to '14 Years '15 to 19 Years 20 Year + 528 PUBLICSAFETYSUPERVISOR 81.65 108.87 136.09 163.31
530 CUSTODIALSUPERVISOR 81.71 108.95 136.19 163.43
531 POLICERECRUIT 81.74 108.98 136.23 163.47
532 WATERDISTRIBUTIONOPERATORII 82.56 ilO.08 137.61 165.13 533 EQUIPMENTMECHANIC 82.62 110.16 137.70 165.24
534 SENIORSECRETARY 83.42 ffl.22 139.03 166.84
535 EQUIPMENTOPERATOR 84.79 113.05 141.31 169.58
536 SENIORTRAFFIC&SIGNPAINTER 85.26 il3.68 142.10 170.52 537 COMMUNITYDEVELOPMENTTECHIII 85.27 113.69 142.11 170.53 538 WATERSERVICEREPRESENTATIVEII 85.95 114.60 143.26 171.91 539 HOUSINGSPECIALIST 86.74 115.66 144.57 173.49
540 ELECTRICIANII 87.24 ii6.32 145.40 174.48
541 CODEENFORCEMENTOFFICER 87.59 116.78 145.98 175.17
541 HUMANRESOURCESTECHNICIAN 87.59 116.78 145.98 175.17 542 FACILITIESMAINTENANCESPECIALIST 89.49 119.32 149.i5 178.99 543 WATERDISTRIBUTIONOPERATORIII 89.61 119.48 149.36 179.23 544 SENIORCOMMUNITYDEVELOPMENTTECH 91.30 121.73 152.16 182.60 545 GRAFFITILEADWORKER 91.53 122.04 152.55 183.06
545 STREETLEADWORKER 91.53 i22.04 152.55 183.06
546 SENIOREQUIPMENTMECHANIC 92.70 123.60 154.50 185.40
546 SENIORPARKEQUIPMENTMECHANIC 92.70 123.60 154.50 185.40 547 SEWERMAINTENANCEWORKERII 83.87 111.83 139.78 167.74 548 WATERPUMPOPERATORII 94.23 i25.65 157.06 188.47
550 ENGINEERINGTECHNICIAN 97.37 129.83 162.29 194.75
551 BUILDINGINSPECTOR 98.24 130.98 163.73 196.47
552 WATERLEADWORKER 98.80 131.73 164.67 197.60
552 WATERSYSTEMLEADOPERATOR 98.80 131.73 164.67 197.60
553 JOURNEYELECTRICIAN 103.65 138.20 172.75 207.30
554 EQUIPMENTSUPERVISOR 105.96 141.28 176.60 21192
554 STREETFOREMAN 105.96 141.28 176.60 211.92
555 GENERALMAINTENANCEFOREMAN 107.24 142.99 178.74 214.48 556 LEADELECTRICIAN 110.49 147.33 184.16 220.99
557 WATERDISTRIBUTIONFOREMAN 114.40 152.54 190.67 228.81 557 WATEROPERATIONSFOREMAN 114.40 152.54 190.67 228.81
558 WATERQUALITY&SYSTEMLEADOPERATOR i03.74 138.32 172.90 207.48 559 GROUNDSMAINTENANCESUPERVISOR 96.47 i28.63 160.79 192.95 559 PARKFACILITIESMAINTENANCESUPERVISOR 96.47 128.63 160.79 192.95 559 SENIORCODEENFORCEMENTOFFICER 96.47 128.63 160.79 192.95 565 ELECTRICALSUPERVISOR ii8.98 158.64 198.30 237.96
566 RECREATIONSPECIALIST 56.87 75.83 94.78 113.74
567 SENIORBUILDINGINSPECTOR 108.06 144.08 180.10 216.12 658
CITY OF SOUTH GATE
MEA Cost Summary I
Rate City City City
Item # Description of Item: Proposal Proposal Proposal
1st Yr (FY 21-22) 2nd Yr (FY 22-23) 3rd Yr (FY 23-24)
No. of Members 180
Total Salaries 12,756,000 13,679,000 14,187,000
1% of Salary 128,000
1% of Total Comp 163,000
I Article II, Section 2 Wages SG Proposal # 3 dated 6/7/22 Increase base salaries:
O.O%
7.25% Eff upon approval of TA or Successor MOU 7.25% 923,000 955,000
3.5% Eff 7 /1/23 3.5% 476,000
la Essential Worker Stipend: One Time Payment of S!El,000, 54,000 Contingent 913,000 730,000 2 Article II, Section 3Longevity Pay - Flat Dollar Conversion (16,000) (27,000) 3 Article 11,Section 9 NCCCOCertification Pay flat 5350/month 3,000 3,000 4 Article Ill, Section 1 Health Benefit apt Out - New EEsafter 7/1/22 receive 50% (4,000) (8,000) 5 Article Ill, Section 4 Retirement - 1% PERS Cost Share (all Ees) (121,000) 6 ArtlCle Ill, Section b-C Retiree Medical Insurance Inc 29+ from 5150 to 5300 'T'5..,..2', ,,., .,!!E!;hi.=..:,..,,,,i 7 Article IV, Section 1 Holiday Leave 33,000 34,000
8 Article IV, Section 2 Vacation Cap Increase Maximum from 300 to 350 Hours 269,000 278,000 9 Article 11,Section 5 Working Temp in a Higher Classification No Costing No Costing No Costing 9 Article II, Secion 10 Uniform Pay changes No Costing No Costing No Costing 9 Misc other no cost provision modifications No Cost/Savings No Cost/Savings No Cost/Savings JTo-taleo;t-oMil'?Ei:l---l-- a'a-' --'-----'- _a-'il- _ ' -"= _jq6-,on_ffl Total Annual Salaries 12,756,000 12,756,000 13,679,000
% of Total Annual Salaries O.O% 16.6% 17.0%
% of Total Annual Compensation 14.2%
% of Total Annual Salaries excluding One Time Costs 9.5% 11.6% % of Total Annual Compensation excluding One Time Costs 9.7% I
Total Compensation % is based on current total compensation I
" An actuarial evaluation is recommended to calculate the full long term financial impact of this proposal. 659
Item No. 16
gnymauae-nsnrrvr,ECl't)7078"Ill/IG"re
CITY COUNCIL
JULl 9 zuQ2
AGENDA JBYLL
For the Regular Meeting ofi July 26, 2022
Originating Department: City Manager's Office
SUBJECT: RESOLUTION APPROVING A TENATIVE AGREEMENT WITH THE SOUTH
GATE PROFESSIONAL MID-MANAGEMENT ASSOCIATION FOR A SUCCESSOR MOU FOR THE PERIOD JULY 1, 2021 THROUGH JTJNE 30, 2024
PURPOSE: To consider a Tentajive Agreement of deal points for a successor labor agreement between the City of South Gate ("City") and the South Gate Professional Mid-Management Association [affiliated and represented by the Service Employees International Union, Local 721] (hereinafter collectively "Association") covering the time period of July 1, 2021 through June 30, 2024 ("PMMA MOU 2021-24").
RECOMMENDED ACTION: The City Council consider adopting a Resolution approving a Tentative Agreement for a memorandum of understanding between the City of South Gate and the South Gate Professional Mid-Management Association for the period July 1, 2021 through June 30, 2024.
FISCAL IMPACT: The total cost of the proposed Tentative Agreement with the Association is projected at approximately $804,000 for the term of the successor PMMA MOU, of which approximately $393,000 is from the General Fund. The other costs are from the American Rescue Plan Act funds for providing "Essential Worker" compensation for those employees required to work during the COVID-19 pandemic time period (March 18, 2020, to January 1, 2022). A more detailed costing table is provided in Attachment B.
ANALYSIS: The most recent Memorandum of Understanding ("MOU") between the City and the Association covered the period of July 1, 2014 through June 30, 2015 ("SGPMMA MOU 2014- 2015"). The SGPMMA MOU 2014-2015 was subsequently extended through June 30, 2017, by amendment and side letter. Thereafter, the City and the Association reached a Tentative Agreement for a successor MOU covering the period of July 1, 2017 through June 30, 2020, which was ratified by the Association and approved by City Council, but no successor MOU was ever jointly circulated or adopted prior to the expiration of the Tentative Agreement. Thereafter, the parties informally agreed to maintain the status quo for an extra year through June 30, 2021, due to the ongoing COVID-19 pandemic.
In compliance with the Myers-Millas-Brown Act ("MMBA") codified at Government Code Section 3500, et seq., the labor representatives for the City and the Association commenced negotiations for a 1 660
new MOU in January 2022. The City Council was kept apprised of the negotiations and provided direction to Staff during legally noticed Closed Sessions. The parties were able to come to a tentative agreement on deal points for a three-year MOU (July 1, 2021 through June 30, 2024). The Association represents that it has ratified the Tentative Agreement and the signatures of the labor representatives thereon reflect a joint recommendation from the negotiation teams of both the City and the Association to the City Council.
The MMBA requires the local legislative Body to vote to accept or reject a tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. If approved and adopted, the parties shall then jointly prepare a written memorandum of understanding for approval by the City Council (Gov't Code section 3505.1). Accordingly, if the Tentative Agreement is approved by City Council, then City Staff and the Association will continue to meet and confer to create a comprehensive MOU that is consistent with the prior labor agreements between the parties and this Tentative Agreement being presented for approval and adoption, which MOU will be brought to the City Council at a 'future date for adoption and approval. The approval of the attached Tentative Agreement authorizes the immediate implementation of the various negotiated deal point terms and conditions of employment of the Association represented employees as specifically provided therein.
ATTACHMENTS: A. Proposed Resolution (including Exhibit A - Tentative Agreement) B. MRG Cost Analysis of PMMA MOU Tentative Agreement
2 661
RESOLUTION NO,
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING A TENT ATIVE AGREEMENT FOR
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SOUTH GATE AND THE SOUTH GATE PROFESSIONAL MIDMANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2021 THROUGH JtJNE 30, 2024
WHEREAS, in 2014, the South Gate City Council approved a successor Memorandum of Understanding ("MOU") with the South Gate Professional Mid-Management Association [affiliated and represented by the Service Employees International Union, Local 721] (hereinafter collectively "PMMA") for the period covering July 1, 2014 through June 30, 2015, along with various Amendment(s), Side Letters and Tentative Agreements covering the period of June 30, 2015 to the present; and
WHEREAS, representatives of the City of South Gate and PMMAhave met and conferred in good faith on various terms and conditions for a Tentative Agreement ("TA") for a comprehensive successor MOU which will cover the time period of July 1, 2021 through June 30, 2024; and
WHEREAS, the City Council is required under Government Code section 3505.1 to approve a Tentative Agreement prior to the parties jointly preparing a written memorandum of understanding based upon such TA; and
WHEREAS, a successor PMMA MOU 2021-24 will be brought back to the City Council at a future date for approval consistent with the deal points of the TA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the Tentative Agreement between the City of South Gate and the PMMA attached hereto as "Exhibit A."
SECTION 2. The City Council requests that the parties jointly prepare a written memorandum of understanding consistent with the Tentative Agreement to be brought to the City Council for formal approval and adoption.
SECTION 3. The City Clerk shall attest to and certify the passage and adoption of this Resolution and the TA, which shall be effective upon such adoption.
Page l of 2
662
PASSED, APPROVED and ADOPTED this 26'h day of July 2022.
CITY OF SOUTH GATE:
BY:
Al Rios, Mayor
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
F. Salinas, City Attorney
663
EXHIBIT A
All-Alllenca(Jty
ell
TENTATIVE AGREEMENT
FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING
Per California Government Code Section 3505.1
Between
The City of South Gate and
The South Gate Professional Mid-Management Association (SGPMMA) The most recent Memorandum of Understanding ("MOU") between the City and the South Gate Professional Mid-Management Association ("Association") [affiliated and represented by the Service Employees International Union, Local 721], was dated February 23, 2015, for the period July 1, 2014 through June 30, 2015 ("SGPMMA MOU 2014-2015"). The SGPMMA MOU 2014-2015 was subsequently extended through June 30, 2017. Thereafter, the parties reached a Tentative Agreement for a successor MOU covering the period July 1, 2017 through June 30, 2020, which was ratified by the Association and approved by City Council, but no successor MOU was ever jointly circulated or adopted prior to the Tentative Agreement's expiration. The Tentative Agreement was subsequently amended on December 12, 2017, July 24, 2018, and February 27, 2019. The parties then informally agreed to maintain the status quo for an extra year through June 30, 2021 due to the ongoing COVID-19 pandemic.
The parties have since commenced negotiations on a successor MOU, with the first meeting being held on January 27, 2022. Just prior to that meeting, the Association provided its initial proposals for a successor MOU covering the period July 1, 2021 through June 30, 2024. The parties then met on March 23, April 19, May 9, May 25, June 7 and June 22, 2022. The parties also exchanged written proposals and counter proposals, reaching a complete tentative agreement on a successor MOU, the deal points of which are set forth below and affirmed by the execution of this Tentative Agreement by the parties' labor representatives. This Tentative Agreement was ratified by the members of the Association on July 13, 2022. This Tentative Agreement shall not become effective until accepted, approved, and adopted by the South Gate City Council per California Government Code Section 3505.1, which provides:
"If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding." SGPMMA Successor MOU 2021-24 Tentative Agreement I
664
Any items within the SGPMMA MOU 2014-15, the subsequent Amendments or Tentative Agreements or Side Letters or any other current labor agreements not addressed herein are proposed to remain unchanged until such time as the successor MOU is ratified by the Association and approved and adopted by City Council; however, any contractual language that has a specific end date will be deemed of no further force and effect.
TENTATIVE AGREEMENT
ARTICLE I, SECTION 1. RECOGNITION
Replace previous MOU language with the following:
The South Gate Professional Mid-Management Association [affiliated and represented by the Service Employees International Union, Local 721], hereinafter called the "Association" or "SGPMMA," is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee unit described in Section 8.2.4 of the City's Employer-Employee Relations Resolution (Resolution No. 4508) as: "All Professional and Management employees in Building, Community Development, Finance, Parks and Recreation, Police and Public Works Departments, defined as management employees assigned to the "600' Series salary range, and excluding the positions listed in section 8.2.7" of Resolution No. 4508. The employee unit also includes members in the Executive Assistant job series.
ARTICLE I, SECTION 2. CURRENT AND SUPPLEMENT AL AGREEMENTS Replace previous MOU language with the following:
The City and the Association previously entered into a Memorandum of Understanding ("MOU") dated February 23, 2015, for the period July 1, 2014 through June 30, 2015 ("SGPMMA MOU 2014-2015"), which set forth the wages, hours and other terms and conditions of employment for employees represented by the Association. The SGPMMA MOU 2014-2015 was subsequently extended through June 30, 2017. Thereafter, the parties reached a Tentative Agreement for a successor MOU covering the period July 1, 2017 through June 30, 2020, which was ratified by the Association and approved by City Council, but no successor MOU was ever jointly circulated or adopted prior to the Tentative Agreement's expiration. The Tentative Agreement was subsequently amended on December 12, 2017, July 24, 2018, and February 27, 2019.
Thereafter, the parties agreed to maintain the status quo of the most recent agreement between the parties for an additional year, through June 30, 2021.
It is the intent of the City and the Association that this successor MOU supersede all previous MOUs, agreements, side letters or understandings either written or oral, and contains the entire understanding between the parties on all matters subject to the meet and confer process. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by duly authorized representatives of the City and the Association.
ARTICLE I, SECTION 3. NON-DISCRIMINATION
Replace previous MOU language with the following:
The City and the Association agree that, in applying the terms of this MOU, neither party will discriminate against any employee because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, political beliefs and affiliations, or union affiliation of any person or for any other reason prohibited by law.
SGPMMA Successor MOU 2021-24 Tentative Agreement 2
665
ARTICLE I, SECTION 4. DURATION
Replace previous MOU language with the following:
This MOU shall be effective from July 1, 2021 through June 30, 2024 and shall supersede the SGPMMA MOU 2014-15, any amendments or side letters thereto, the Tentative Agreement Contract No. 3395 and any amendments or side letters thereto, and any other labor agreements entered prior to this successor MOU, which are all intended to be incorporated in this MOU if to be continued. The MOU shall become effective only after adoption by the City Council of the City of South Gate following ratification by the members of the Association.
ARTICLE I, SECTION 6. PROTECTION CLAUSE
Delete this Section from previous MOU and renumber the remaining Sections accordingly.
ARTICLE I, SECTION 7. CONTRACTING OUT SERVICES
Replace previous MOU language with the following:
The City retains the right contract out services as allowed by law. To the extent required by law, the City will meet and confer with the Association prior to the initiation of the bidding process to contract out bargaining unit work. It is the parties' intent to avoid the lay-off of any employee due to contracting out wherever possible, but the parties" understand that the City may do so as a business necessity. The Association agrees that it will cooperate with the City in determining the most efficient and effective ways to accomplish work processes, though the City retains the ultimate decision making authority regarding matters within its management prerogative/rights as defined by Section 5 of the City's Employer-Employee Relations Resolution No. 4508. If it is determined that a represented employee is laid off as a result of contracting out of services, the employee will receive a separation benefit of four (4) months pay in addition to the normal termination benefits applicable to other employees covered by this MOU.
ARTICLE 1, SECTION 8. DRESS CODE
Replace previous MOU language with the following:
The parties agree that City dress codes shall be determined by management in accordance with business necessity and shall not be subject to meet and confer.
ARTICLE 1,SECTION 11. LABOR MANAGEMENT COMMITTEE
Replace previous MOU language with the following:
The parties shall use Joint Labor Management Committee meetings as needed to address issues of concern to the parties. The purpose of the Committee meetings shall be to discuss issues of interest to the unit members, issues of interest to management and issues of mutual interest.
The party calling for the meeting shall provide the agenda for the meeting and provide the list of attendees from their side at least one week in advance of the meeting, with the other party supplementing the agenda at least two days in advance of the meeting and providing the list of their attendees. The meetings shall be attended by representatives of the City as deemed by the City necessary to address the issues, which shall start with the Director of Human Resources.
The meetings shall be attended by no more than two employee representatives of the Association, along with any non-employee representatives as deemed necessary. If either party requires more than 2 employee representatives, they may request their attendance in advance and the request will not be unreasonably denied.
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ARTICLE 1, SECTION 13. PROBATION
Parties agree to change probation from six (6) months to one (1) year for all Unit member appointments, but still may only be extended thereafter for six (6) months effective the first full pay period after adoption of this Tentative Agreement by the City Council of the City of South Gate.
Evaluations shall be done at six (6) months and twelve (12) months. If an employee is not timely evaluated on or before twelve (12) months after hire, then their probation is deemed automatically extended until completed and a formal decision is made to fail, pass or extend probation by a set period of time. No employee shall be deemed to have passed probation by failure of the City to timely act on the probation as only formal written approval by the Personnel Officer can result in permanent status in the position.
[This provision shall combine both Association represented civilian PD employees and non-PD employees.]
Automatic Extension: If the City does not complete the final evaluation of promotional appointments within 15 business days after the end of the probationary period, then the employee will be deemed to have passed probation. If the City does not complete the final evaluation of new hire appointments within 60 business days after the end of the probationary period, then the employee will be deemed to have passed probation.
Step Raise Clarification: Employees on probation will receive a step raise the first full pay period after successfully completing their probationary period.
ARTICLE 1,SECTION 19. TRAINING STANDARDS FOR EMPLOYEES WHO SUPERVISE The following changes shall be made to the previous MOU provision:
standards for employees who supervise shall be amended to include training UUm p0r year on City time. This standard shall be performance evaluation process. The Personnel
Employees will be eligible for paid
approved professional development
ARTICLE I, SECTION 22. DRINKING WATER
This MOU Section shall be deleted in its entirety and subsequent Section renumbered accordingly.
ARTICLE I, SECTION 22. ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENTATIONS AND INFORMATION The following changes shall be made to the previous MOU provision:
Pursuant to /\B 11!), effective following the datc that City Council approvcd the tcntativc agreement for this MOU, i.c. r'Jowmbcr 26, 2017, t Thc City agrees to provide no less than 10 calendar days" notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means. In accordance with Government Code Section 3557, access shall be determined by mutual agreement between the City and the Association. Access could be effectuated by representational attendance or correspondence, although the parties' preference is generally correspondence over representational attendance.
The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.
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The City agrccr,, pursuant to /\B 119, to provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire. The City also agrees to provide the Association with a list of the foregoing information for all bargaining unit employees at least once every 120 days at the Association's written request.
Notwithstanding the foregoing, in accordance with Govcrnmcnt CodeSection 625/1.3(a)(3i thc City shall w#l not provide the Association with the home address or any phone number on file with the City of any employee performing law enforcement-related functions. For purposes of this MOU, "law enforcement-related functions" includes any City police department employee and any City code enforcement officer. In accordance with Government Codc Section 625"l.3(c), t4+The City will not provide the Association with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the Public Records Act).
ARTICLE 1,SECTION 23. EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL DOCUMENTS The following new Section 23 shall be added to the MOU which shall state as follows:
Employees being served with City documents that contain a formal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acknowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my rights." ARTICLE II, SECTION 2. WAGES
Replace the previous MOU section with the following:
A. For Fiscal Year 2021-22, there shall be no cost-of-living-adjustment ("COLA") or change in salary ranges.
B. Effective the first full payroll period inJuly 2022 or the first full payroll period after City Council approval of either a Tentative Agreement or a successor MOU, whichever is later, the salary range and base salary for the represented Unit classifications and employees still on payroll shall be increased by seven and one-quarter percent (7.25%).
C. Effective the second full payroll period in July 2022 or the second full payroll period after City Council approval of either a Tentative Agreement or a successor MOU, whichever is later, employees still on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of S5000.
D. Effective the first full payroll period in July 2023 the base salary for the classifications for the represented Unit classifications shall be increased by three and one-half percent (3.5%).
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E. Effective the second full payroll period in July 2023, employees still on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of S4000.
F. Salary ranges for all current classifications shall be updated in the MOU Appendix to be in conformance with the above agreements.
ARTICLE II, SECTION 3. LONGEVITY PAY
Effective the first full pay period after adoption of this Tentative Agreement by the City Council of the City of South Gate, the previous MOU percentages for Longevity Pay shall be converted to flat pay rates based upon the top step for each classification as of June 30, 2022. A Pay Schedule reflecting these flat pay amounts shall be attached to the MOU. See MOU Appendix A-3 attached hereto.
ARTICLE II, SECTION 4. MERIT BASED STEP INCREASE
The following sentence shall be deleted from this Section of the previous MOU:
"Special merit incrcascz of one (1) or two (2) ztcpz for outstanding job performance up to the top of the salary range may bc granted."
ARTICLE II, SECTION 5. WORKING TEMPORARILY IN A HIGHER CLASSIFICATION This Section of the previous MOU shall be deleted in its entirety and replaced with the following new Section Title and language to be effective the first full pay period after adoption of this Tentative Agreement by the City Council of the City of South Gate :
ACTING PAY
A. RIGHT TO ADDITIONAL COMPENSATION.
Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below under the terms set forth below.
B. CONDITIONS PRECEDENT FOR ACTING PAY COMPENSATION
1. Minimum Time in Classification Requirement
The employee must be appointed to work in a temporarily vacant and budgeted higher classification for the requisite time periods specified below:
a. If the temporarily vacant and budgeted higher classification to which the employee is appointed is vacant due to lack of a permanent employee occupying said position, the requisite time period is three (3) consecutive work weeks in order to receive acting pay, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
b. If the temporarily vacant and budgeted higher classification to which the employee is assigned is vacant due to a temporary absence of a permanent employee, such as illness, vacation, leave of absence, or absence without leave, the requisite time period is a cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the SGPMMA Successor MOU 2021-24 Tentative Agreement 6
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higher classification, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
2. Authorization
Appointment to act and work in a temporarily vacant and budgeted higher classification must be approved in writing signed by the Department Director.
Additionally, prior to the first day of eligibility for compensation, as stated in subparagraph 1, the Personnel Officer has authorized the appointment in writing to confirm that there is a temporarily vacant and budgeted higher classification. If the Personnel Officer is not available to approve the appointment, then the Department Director shall not continue the acting appointment beyond five (5) working days unless or until they have obtained approval of the Personnel Officer.
3. Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of a five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.
ARTICLE II, SECTION 6. EDUCATIONAL REIMBURSEMENT
The following sentence from the previous MOU provision shall be deleted: "An annual budget of SIO0,000 will be available for this plan." To be replaced with: "The City shall reasonably budget for this expense based upon past use experience."
ARTICLEII, SECTION 7. EDUCATION INCENTIVE PAY jNEWJ
This new Section shall be added to the MOU and subsequent Sections renumbered accordingly:
"As long as the degrees at issue are not part of the requirements of the classification, employees who have or obtain a B.A. or B.S. will be paid an additional 550 per month. Employees who have or obtain a post-graduate degree will be paid an additional SIOO per month." ARTICLE II, SECTION 8. MILEAGE ALLOWANCE
The following changes shall be made to the previous MOU provision:
The City agrees to reimburse employees at a rate equivalent to the IRS allowable Index for employee use of their personal vehicles during the course and scope of their work and on City business.
ARTICLE II, SECTION 11. OVERTIME (NON-EXEMPT EMPLOYEES) The following changes are made to the previous MOU Section 10:
E. ADMINISTRATIVE LEAVE
SGPMMA bargaining unit employees who are designated non-exempt by the City under the FLSA are ineligible to receive administrative leave or special administrative leave cffcctivc July 1, 2018. Such non cxcmpt cmployccz wcrc instead eligible to rtccivc both SGPMMA Successor MOU 2021-24 Tentative Agreement 7
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overtimc pay .:IZ described abovc and administrative leave of 20 hours par fiscal year for two fiscal years (FYs 2018/19 and 201!),/20), aftcr which time thc ri(;ht to accrue furthcr administrativc Icavc and/or special adminirtrativc Ravc pcrmancntly expired.
ARTICLE llli SECTION 1 MEDICAL, DENTAL & VISION INSURANCE The parties agree to add language to the previous MOU that employees who have not opted out prior to 7/1/2022 or who were hired after 7/1/22 and who opt out of City provided Medical and Dental insurance shall receive one-half of the premium amount for which they would otherwise qualify.
Current employees who have already opted out will continue to receive 100% of the premium amount.
The parties also agree to add Subsection D. LONG TERM DISABILITY POLICY and add the following language thereto:
"The City currently provides a Long Term Disability Plan to employees by the City." ARTICLE Ill, SECTION 4. RETIREMENT
The parties agree to add language to the previous MOU that starting the first full pay period in July 2023 all represented unit members, "Classic" and "PEPRA" as defined by CalPERS, shall pay 1% towards the employer CalPERS contribution as cost sharing to be implemented by a CalPERS contract amendment.
Replace Subsection D in its entirety with the following:
D. RETIREE MEDICAL INSURANCE
The City's Association retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those Association employees who retired prior to the adoption of this TA and who retired with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fifty dollars (5150) per month. For those employees who retire after the adoption of this TA and retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall receive a medical insurance benefit not to exceed three hundred dollars (S300) per month. This section specifically makes no provision for any dependents of the retiree. The retired employee will continue to have the option to purchase medical insurance for themself and their dependents, as currently provided at their own expense.
The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "intent to retire" packet.
Subsection E PRE-TAX FUNDING FOR POST RETIREMENT MEDICAL EXPENSES shall be deleted in its entirety from the previous MOU.
E. r'P.E T/\X FUNDING FOR r'OST RETIREMENT MEDIC/\L EXr)ENSES Thc City will provide a dcfcrrcd compcnr,ation account for post rctircmcnt mcdical cxpcnscs. The maximum cost to the City shall bc the initial start up fcc (S500), the annual fee (currently S600), and the individual's cost of the plan (currcntly S2.00 per SGPMMA Successor MOU 2021-24 Tentative Agreement 8
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month). /\n open cnrollmcnt shall take place each ycar in late /\ugu,t or carly ARTICLEllli SECTION6. LOSSPREVENTIONPROGRAM
The title of this Section shall be changed from LOSS PREVENTION PROGRAM to RISK MANAGEMENT....
ARTICLE Ill, SECTION 8. ERRORS AND OMISSIONS POLICY
This Section shall be deleted in its entirety.
The City acknowledges and the City shall comply with state law rcquiring the City to bt responsible for Errors and Omissions made by the mcmttrs in the bargaining unit.
ARTICLE IV, SECTION 1. HOLIDAYS
The following changes shall be made to the previous MOU language in Section IB:
City Holiday Leave is not intended to be carried over from one fiscal year to a succeeding fiscal ycar, except for employees who, at thc end of the fiscal year, arc out on paid /ldminirtrativc Leave or an Indur,trial Injury Leave (Worker;' Comp). In those rituationr,, the employee can carry over the unused Holiday Leave hour; for a period of up to 60 calendar d:iy; after they return to work. Otherwise, any Holiday Leave remaining from the prcviour, fiscal year shall reduce the amount granted for the enr,uing fiscal year in an equal amount. Any unused Holiday hours will automatically be cashedout at the end of the fiscal year ot the employee's base pay rate.
ARTICLE IV, SECTION 2. VACATION
The following change shall be made to MOU Section 2A:
Accrued but unused vacation may be carried over from year to year, however, the maximum allowable vacation accrual is three hundred fifty (350) hours.
The following changes shall be made to MOU Section 2B:
Employccz may rcqucrt a payout of accrucd vacation of up to /10 hours par year. Thc requested payout must bc in incrcmcnts of 10 hours. For the tcrm of this contract no cash out of vacation leave will bt allowcd. Thc payout will be made on the first pay period in Dcccmbcr. Employcts dcririnq a p.:iyout must submit paperwork by rilovcmbcr 1st.
Thc payout will be made on thc first pay period in Dcccmbcr. Employccr, dcsiring a payout must submit papcrwork by Novcmbcr lrt.
By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any distribution has been made. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.
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ARTICLE IV, SECTION 3. SICK LEAVE
The following changes shall be made to the previous MOU provisions:
C. SICK LEAVE PAYOFF [lnsert new #3 and renumber rest accordingly]
3. Employees hired on or after July 1, 2022 shall not be entitled to sick leave cashout upon separation. Sick leave will remain available for conversion upon retirement to CalPERS service credit as then allowed, or not, by the City's CalPERS contract.
5. [Delete current payment options for all represented employees and limit payment to lump sum at time of separation at base pay rate.] Tht cmploycc may choort to receive the bcncfit immediately (Option 1), or choosc to rcccivt the bcncfit over a period of time (Option 2). a. OPTION 1: /\t separation:
r'ayoff par above formula.
b. Or'TIO(11 2: /\t separation:
25% of payoff per above formula.
1 year after separation: 25% of payoff par above formula. 2 years afh:'r scparation: 25% of payoff par above formula. 3 years after zcparation: 25% of payoff per above formula.
In rcfcrcncc to Option ff2, in the event of a hardship or death of thc ax cmploycc, the rcmainin(; balancc of the payoff shall bc paid in full upon rcqucst with proper justification. (Tht application of this plan is subject to Fcdcral and State rcstrictions.)
ARTICLE IV, SECTION 5. UNPAID LEAVE
The following additional language shall be added at end of MOU provision Section 5A:
The City shall have sole discretion whether or not to grant unpaid leave and the City's decision is not subject to grievance and/or any appeal.
ARTICLE IV, SECTION 11. ADMINISTRATIVE LEAVE
The following changes shall be made to the previous MOU language:
By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated administrative leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.
ARTICLE V, DISCIPLINE & GRIEVANCE PROCEDURES SECTION 1 A 3.
The following additional Progressive Discipline language shall be added after the first sentence of this subsection:
"Discipline shall be administered according to progressive discipline principles. Employees should be placed on notice and given an opportunity to correct any alleged offenses. Generally, employees should be counseled, followed by a Reprimand/Warning before the City proceeds to SGPMMA Successor MOU 2021-24 Tentative Agreement 10
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more severe discipline such as suspension, reduction in pay, demotion or discharge. City reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. It is understood that certain alleged offenses may be so serious the City may be justified in deviating from progressive discipline principles. In all cases in which the City wishes to administer any disciplinary action, it shall provide the employee and their representative any documentation or other evidence used to support the proposed disciplinary action."
ARTICLE V, DISCIPLINE & GRIEV ANCE PROCEDURES SECTION 1 A 3. REPRIMAND/WARNINGS The following changes to previous MOU language shall be made:
The issuing authority shall include in the document a "sunset" clause (removal date from personnel file) of eighteen (18) months7, Removal of the document shall be subject to the Department Head's sole discretion based upon if7 the employee's work record justifies removal , the employee has no further discipline in said time period, and after said period the employee makes a written request to the Department Head for removal of said document from the employee personnel files. If the Department Head refuses to remove the document after 18 months, the employee may appeal this decision to the Personnel Officer, whose decision shall be final and binding. The City's decision whether or not to remove the document is not subject to grievance and/or any appeal.
ARTICLE V, DISCIPLINE & GRIEV ANCE PROCEDURES SECTION 1 C APPEAL OF THE DISCIPLINARY ACTION The parties agree to retain the services of an Administrative Law Judge (ALI) through the Office of Administrative Hearings (OAH) to conduct the disciplinary action appeal and provide an advisory written decision in place of the City's Personnel Officer and/or Civil Service Commission hearings in the existing language, with the City Council having the right of review and final decision to accept or modify the advisory decision in its sole discretion. The City and the Association shall share the costs of using the ALI and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's appeal and/or desire to cover half the appeal hearing costs, then the employee shall be limited to having the ALI of the OAH issue an advisory decision to the Personnel Officer who shall make the final decision to accept or modify the advisory decision in their sole discretion, with the City bearing all administrative costs associated with the appeal such as OAH and ALI fees, transcript fees, etc. The Association and/or employee shall bear their own attorney or other representation costs. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the All under the same rules stated herein.
ARTICLE V, DISCIPLINE & GRIEV ANCE PROCEDURES SECTION 2 B GRIEV ANCE PROCEDURE The parties agree to retain the services of an Administrative Law Judge through the Office of Administrative Hearings to conduct the Step 4 Grievance review in place of the City's Civil Service Commission hearing in the existing language, with the City Council having the right of review and final decision to accept or modify the advisory decision in its sole discretion. The City and the Association shall share the costs of using the ALI and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's grievance and/or desire to cover half the grievance hearing costs, then the Step 3 decision of the Personnel Officer shall be final and binding on the matter. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALI under the same rules stated herein.
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arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALI under the same rules stated herein.
ARTICLE Vlll REHIRES AND CONTRACT EMPLOYEES/CONSLILTANTS This previous language of this Article is deleted in its entirety and replaced with the following:
"Non-employees and/or outside consultants shall not be involved in employee performance evaluations or discipline of City employees."
City of South Gate South Gate Professional Mid-Management Association
Chris Jeffers, City Manager Osie Harrell, Jr., President Kristopher Ryan, Director of Administrative Svcs. Johanna Monterroza, Vice-President Nellie Cobos, Deputy Dir. of Admin. Svcs./HR&RM January Bonilla, Secretary Colin Tanner, Outside Labor Counsel Robert Hunt, Outside Labor Counsel SGPMMA Successor MOU 2021-24 Tentative Agreement 12
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MOU APPENDIX A
RANGES, STEPS, AND JOB TITLES
Pay Plan Category I - Professional Mid-Management Association Salary tables with effective dates attached as follows:
Appendix Al - effective pay period starting July 31, 2022 Appendix 42 - effective July 1, 2023
Appendix 43 - Longevity Pay Table effective July 31, 2022 SGPMMA Successor MOU 2021-24 Tentative Agreement 13
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APPENDIX At
Salary Pay Table
South Gate Professional and Mid-Management Employees
Efffg4ive0/-31-2D22 I
7.25_%Sala Increase _
Exempt Classifications Step A Step B Step C Step D Step E 609 RECREATIONSUPERVISOR 6,065 6,369 6,687 7,021 7,372
613 CUSTOMERSERVICESUPERVISOR 6,416 6,737 7,074 7,427 7,799 615 CODEENFORCEMENTSUPERVISOR 6,523 6,849 7,191 7,551 7,928 617 POLICERECORDSMANAGER 6,976 7,325 7,691 8,076 8,480
617 TRANSPORTATIONSUPERVISOR 6,976 7,325 7,691 8,076 B,4BO 621 SENIORACCOUNTANT 7,322 7,688 8,072 8,476 8,900
623 SENIORPLANNER 7,537 7,914 8,310 8,725 9,162
626 EQUIP. MAINTENANCE SUPERINTENDENT 7,865 8,258 8,671 9,104 9,560 626 SENIORFINANCIALANALYST 7,865 8,258 8,671 9,104 9,560 628 SENIORENGINEER 8,596 9,025 9,477 9,950 10,448
629 ELECTRIC&GENMAINTSUPERINTENDENT 8,889 9,333 9,800 10,290 10,805 629 STREET&SEWERSUPERINTENDENT 8,889 9,333 9,800 10,290 10,805 629 REVENUEMANAGER 8,889 9,333 9,800 10,290 10,805
630 WATERDMSIONMANAGER 9,968 10,466 10,989 11,539 12,116 631 SENIORCIVILENGINEER 9,788 10,277 10,791 11,331 11,897 632 PRINCIPALCMLENGINEER 10,571 11,099 11,654 12,237 12,849 633 CITYTRAFFICENGINEER 10,277 10,791 11,331 11,897 12,492 Non-ExemptClassifications StepA StepB StepC StepD StepE 601 ADMINISTRATIVEASSISTANT 5,152 5,410 5,680 5,964 6,263 601 ASSISTANTPLANNER 5,152 5,410 5,680 5,964 6,263
601 MANAGEMENTASSISTANT 5,152 5,410 5,680 5,964 6,263
606 HOUSING&GRANTSANALYST 5,468 5,742 6,029 6,330 6,647 610 MANAGEMENTANALYST 6,147 6,454 6,777 7,116 7,472
610 ADMINISTRATIVEANALYST 6,147 6,454 F3,777 7,116 7,472 610 ADMINISTRATIVESERVICESCOORDINATOR 6,147 6,454 6,777 7,116 7,472 610 BUDGET&PAYROLLANALYST 6,147 6,454 6,777 7,116 7,472 611 TRAININGSPECIALIST 6,178 6,487 6,811 7,152 7,509
612 CRIMEANALYST 6,222 6,533 6,860 7,203 7,563
613 PURCHASINGSUPERVISOR 6,416 6,737 7,074 7,427 7,799
615 ASSISTANTENGINEER 6,523 6,849 7,19al 7,551 7,928
619 SENIOR ADMINISTRATIVE ANALYST 7,112 7,4ei7 7,841 8,233 8,644 822 ASSOCIATEENGINEER 7,481 7,856 8,248 8,661 9,094
624 TECHNICALSERVICESMANAGER 7,613 7,993 8,393 8,813 9,253 625 INFORMATION SYSTEMS ADMINISTRATOR 7,613 7,993 8,393 8,813 9,253 632 FAMILY VIOLENCE PROGRAM COORDINATOR 6,969 7,317 7,683 8,067 8,471 851 EXECUTIVEASSISTANTTOPOLICECHIEF 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVE ASSISTANT TO CITY ATTY (CONF) 6,325 6,641 6,973 7,322 7,688 851 EXECUTIVEASSISTANT(CONF) 6,325 6,641 6,973 7,322 7,688 85al EXECUTIVEASSISTANTTOCITYMGR(CONF) 6,325 6,641 6,973 7,322 7,688 677
APPENDIX A2
Salary Pay Table
South Gate Professional and Mid-Management Employees
' L_j_lJ .. +i _ _ _ _ _
l a ____Sala
ective07-at-2023 I
Exempt Classifications Step A Step B Step C Step D Step E 609 RECREATIONSUPERVISOR 6,278 6,591 6,921 7,267 7,630
613 CUSTOMERSERVICESUPERVISOR 6,641 6,973 7,321 7,687 8,072 615 CODEENFORCEMENTSUPERVISOR 6,751 7,088 7,443 7,815 8,206 617 POLICERECORDSMANAGER 7,220 7,581 7,961 8,359 8,77ei 617 TRANSPORTATIONSUPERVISOR 7,220 7,581 7,961 8,359 8,776 621 SENIORACCOUNTANT 7,578 7,957 8,355 8,773 9,211
623 SENIORPLANNER 7,801 8,191 8,60al 9,0:31 9,482
626 EQUIP. MAINTENANCE SUPERINTENDENT 8,140 8,547 8,974 9,423 9,894 626 SENIORFINANCIALANALYST 8,140 8,547 8,974 9,423 9,894 628 SENIORENGINEER 8,896 9,341 9,808 10,299 10,814
629 ELECTRIC&GENMAINTSUPERINTENDENT 9,200 9,660 10,143 10,650 11,183 629 STREET&SEWERSUPERINTENDENT 9,200 9,660 10,143 10,650 11,183 629 REVENUEMANAGER 9,200 9,660 10,143 10,650 11,183
630 WATERDMSIONMANAGER 10,316 10,832 11,374 11,943 12,540 631 SENIORCMLENGINEER 10,130 "10,637 11,169 11,727 12,314 632 PRINCIPALCIVILENGINEER 10,941 11,488 12,062 12,665 13,298 633 CITYTRAFFICENGINEER 10,637 11,169 11,727 12,314 12,929 Non-ExemptClassifications StepA StepB StepC StepD StepE 601 ADMINISTRATIVEASSISTANT 5,333 5,599 5,879 6,173 6,482 601 ASSISTANTPLANNER 5,333 5,599 5,879 6,173 6,482
601 MANAGEMENTASSISTANT 5,333 5,599 5,879 6,173 6,482
606 HOUSING&GRANTSANALYST 5,660 5,943 6,240 6,552 6,879 610 MANAGEMENTANALYST 6,362 6,680 7,014 7,365 7,733
610 ADMINISTRATIVEANALYST 6,362 6,680 7,014 7,365 7,733 610 ADMINISTRATIVE SERVICES COORDINATOR 6,362 6,680 7,014 7,365 7,733 610 BUDGET&PAYROLLANALYST 6,362 6,680 7,014 7,365 7,733 611 TRAININGSPECIALIST 6,394 6,714 7,050 7,402 7,772
612 CRIMEANALYST 6,440 6,762 7,100 7,455 7,827
613 PURCHASINGSUPERVISOR 6,641 6,973 7,321 7,687 8,072
615 ASSISTANTENGINEER 6,751 7,088 7,443 7,815 8,206
619 SENIOR ADMINISTRATIVE ANALYST 7,361 7,729 8,115 8,521 8,947 622 ASSOCIATEENGINEER 7,743 8,130 8,537 8,964 9,412
624 TECHNICALSERVICESMANAGER 7,879 8,273 8,687 9,121 9,577 625 INFORMATION SYSTEMS ADMINISTRATOR 7,879 8,273 8,687 9,121 9,577 632 FAMILYVIOLENCEPROGRAMCOORDINATOR 7,213 7,574 7,952 8,350 8,767 851 EXECUTIVEASSISTANTTOPOLICECHIEF 6,546 6,874 7,217 7,578 7,957 851 EXECUTIVE ASSISTANTTOCITY ATTY(CONF) 6,546 6,874 7,217 7,578 7,957 851 EXECUTIVEASSISTANT(CONF) 6,546 6,874 7,217 7,578 7,957 851 EXECUTIVEASSISTANTTOCITYMGR(CONF) 6,546 6,874 7,217 7,578 7,957 678
APPENDIX A3
Longevity Pay
South Gate Professional and Mid-Management Employees
Effective 7-3'l-2022
Exempt Classifications s to to Years 10 to 14 Years 15 to 19 Years 20 Year + 609 RECREATIONSUPERVISOR i03.i1 137.48 171.85 206.22
613 CUSTOMERSERVICESUPERVISOR 109.07 145.43 181.79 218.15 615 CODEENFORCEMENTSUPERVISOR i10.89 147.85 184.81 221.77 617 POLICERECORDSMANAGER 118.60 158.13 197.66 237.19
617 TRANSPORTATIONSUPERVISOR 118.60 158.13 197.66 237.19 621 SENIORACCOUNTANT 124.47 165.96 207.46 248.95
623 SENIORPLANNER i28.13 "170.84 213.56 256.27
626 EQUIP. MAINTENANCE SUPERINTENDENT 133.70 178.27 222.83 267.40 626 SENIORFINANCIALANALYST 133.70 178.27 222.83 267.40
629 ELECTRIC&GENMAINTSUPERINTENDENT 151.11 201.48 251.85 302.23 629 STREET&SEWERSUPERINTENDENT i51.11 201.48 251.85 302.23 629 REVENUEMANAGER 15Lli 201.48 251.85 302.23
630 WATERDIVISIONMANAGER i69.45 225.93 282.42 338.90
631 SENIORCIVILENGINEER 166.39 221.86 277.32 332.79
632 PRINCIPALCMLENGINEER i79.70 239.60 299.50 359.40
633 CITYTRAFFICENGINEER '174.7"l 232.95 29119 349.43
Non-ExemptClassifications 5tolOYears l0tol4Years 15tOl9Year8 20Year+ 601 ADMINISTRATIVEASSISTANT 87.59 116.79 145.98 175.18
601 ASSISTANTPLANNER 87.59 116.79 145.98 175.18
601 MANAGEMENTASSISTANT 87.59 116.79 145.98 175.18
606 HOUSING&GRANTSANALYST 92.96 123.95 154.93 185.92
610 MANAGEMENTANALYST 104.50 139.33 174.17 209.00
610 ADMINISTRATIVEANALYST 104.50 139.33 174.17 209.00
610 ADMINISTRATIVE SERVICES COORDINATOR i04.50 139.33 174.17 209.00 610 BUDGET&PAYROLLANALYST 104.50 139.33 174.17 209.00
611 TRAININGSPECIALIST 105.02 140.03 175.04 210.05
612 CRIMEANALYST 105.77 141.03 176.29 211.55
613 PURCHASINGSUPERVISOR 109.07 145.43 181.79 218.i5
615 ASSISTANTENGINEER 110.89 147.85 184.81 221.77
619 SENIORADMINISTRATIVEANALYST 120.90 161.20 20150 241.80 622 ASSOCIATEENGINEER 127.19 169.58 211.98 254.37
624 TECHNICALSERVICESMANAGER 129.42 172.56 215.69 258.83 625 INFORMATION SYSTEMSADMINISTRATOR 129.42 172.56 215.69 258.83 632 FAMILYVIOLENCEPROGRAMCOORDINATOR 118.47 157.96 197.46 236.95 851 EXECUTIVEASSISTANTTOPOLICECHIEF 107.53 143.37 179.21 215.05 851 EXECUTIVEASSISTANTTOCITYATTY(CONF) 107.53 143.37 179.21 215.05 851 EXECUTIVEASSISTANT(CONF) 107.53 143.37 179.21 215.05 851 EXECUTIVEASSISTANTTOCITYMGR(CONF) 107.53 143.37 179.21 215.05 679
CITY OF SOUTH GATE
PMMA Cost Summary
Rate City City City
Item # Description of Item: Proposal Proposal Proposal
1st Yr (FY 21-22) 2nd Yr (FY 22-23) 3rd Yr (FY 23-24)
No. of Members 45
Total Salaries 4i913i000 5,264,000 5,457,000
1% of Salary 49iOOO
1% of Total Comp 58,000
1 Article II, Section 2 Wages SG Proposal #3 dated 6/7/22 Increase base salaries (Contingent):
7.25% Eff upon approval of TA or Successor MOU 7.25% 351,000 363,000
3.5% Eff 7/1/23 3.5% 181,000
la Essential Worker Stipend: One Time Payment of S5,000, !>4,000 Contingent 228,000 183,000 2 Article II, Section 3 Longevity Pay - Flat Dollar Conversion (4,000) (7,000) 3 Article II Section 7 Education Incentive Pay - New 16,000 16,000 4 Article Ill, Section 1 Health Benefit Opt Out - New EEsafter 7/1/22 receive 50% (4,000) (8,000) 5 Article llli Section 4 Retirement - 1% PERSCost Share (48,000) *-.ahk-l
o /-11 LIUle lily )etLIOTi _)-L neLITee M(:!ulL:II I+lSur'dnce )uoSluy - I r 'Wi .i _IM!'ji4'7'-"' _"7-Q_rg%.7: ,; 7 Article IV, Section 1 Holiday Leave 12,000 12,000
8 Article IV, Section 2 Maximum Vacation Cap Increase to 350 Hours 112,000 112,000 g Misc other no cost provision modifications No Cost/Savings No Cost/Savings No Cost/Savings lToja!_Coqs-t,q[4' ' "' " ..-' "' ':'=' j % W) -86j,0,00 ' Total Annual Salaries 4i913,000 4,913,000 5,264,000
% of Total Annual Salaries O.O% 14.5% 15.3%
% of Total Annual Compensation 13.9%
% of Total Annual Salaries excluding One Time Costs 9.8% 11.8% % of Total Annual Compensation excluding One Time Costs 10.7% ITotalCompensation%isbasedoncurrenttotal compensation i I I
* An actuarial evaluation is recommended to calculate the full long term financial impact of this proposal. I 680
Item No. 17
CITYMANAGER'S City of South Gate
CITY COUNCIL
JUL 1g 2022
AG-ENIDA JBI[LL
For the Regular Meeting of: July 26, 2022
Originating Department: City Manager's Office
SUBJECT: RESOLUTION APPROVING A TENATIVE AGREEMENT WITH THE SOUTH
GATE POLICE OFFICERS' ASSOCIATION FOR A SUCCESSOR MOU FOR THE PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025
PURPOSE: To consider a Tentative Agreement of deal points for a successor Memorandum of Understanding between the City of South Gate ("City") and the South Gate Police Officers' Association ("Association") covering the time period of July 1, 2021 through June 30, 2025 ("SGPOA MOU 2021-25").
RECOMMENDED ACTION: The City Council consider adopting a Resolution approving a Tentative Agreement for a memorandum of understanding between the City of South Gate and the South Gate Police Officers' Association for the period July 1, 2021 through June 30, 2025.
FISCAL IMPACT: The total cost of the proposed Tentative Agreement with the Association is projected at approximately $1,729,000 million for the term of the successor POA MOU, of which approximately $775,000 is from the General Fund. The other costs are from the American Rescue Plan Act funds for providing "Essential Worker" compensation for those employees required to work during the COVID-19 pandemic time period (March 18, 2020, to January 1, 2022). A more detailed costing table is provided in Attachment B.
ANALYSIS: The most recent Memorandum of Understanding ("MOU") between the City and the Association covered the period of July 1, 2017 through June 30, 2017 ("SGPOA MOU 2017-21").
The SGPOA MOU 2017-21 was subsequently modified by amendment, side letter and/or tentative agreements. In compliance with the Myers-Millas-Brown Act ("MMBA") codified at Government Code Section 3500, et seq., the parties commenced negotiations on a successor MOU on November 4, 2021, and thereafter exchanged proposals related thereto. The City Council was kept apprised of the negotiations and provided direction to Staff during legally noticed Closed Sessions. The parties were able to come to a tentative agreement on deal points for a four-year MOU (July 1, 2021 through June 30, 2025). The Association represents that it has ratified the Tentative Agreement and the signatures of the labor representatives thereon reflect a joint recommendation from the negotiation teams of both the City and the Association to the City Council.
The MMBA requires the local legislative body to vote to accept or reject a tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. If approved and adopted, the 1 681
parties shall then jointly prepare a written memorandum of understanding for approval by the City Council (Gov't Code section 3505.1). Accordingly, if the Tentative Agreement is approved by City Council, then City Staff and the Association will continue to meet and confer to create a comprehensive MOU that is consistent with the prior labor agreements between the parties and this Tentative Agreement being presented for approval and adoption, which MOU will be brought to the City Council at a future date for adoption and approval. The approval of the attached Tentative Agreement authorizes the immediate implementation of the various negotiated deal point terms and conditions of employment of the Association represented employees as specifically provided therein.
ATT ACHMENTS: A. Proposed Resolution (including Exhibit A - Tentative Agreement) B. MRG Cost Analysis of SGPOA MOU Tentative Agreement
2 682
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY CO?JNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING A TENT ATIVE AGREEMENT FOR
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SOUTH GATE AND THE SOUTH GATE POLICE OFFICERS'
ASSOCIATION FOR THE OF PERIOD JULY 1, 2021 THROUGH JUNE 30, 2025
WHEREAS, in 2021, the South Gate City Council approved a successor Memorandum of Understanding ("MOU") with the South Gate Police Officers' Association ("POA") for the period covering July 1, 2017 through June 30, 2021, along with various Amendment(s) and Side Letters covering the period of July 1, 2017 to the present; and WHEREAS, representatives of the City of South Gate and POA have met and conferred in good faith on various terms and conditions for a Tentative Agreement ("TA") for a successor MOU which will cover the time period of July 1, 2021 tmough June 30, 2025; and WHEREAS, the City Council is required under Government Code section 3505.1 to approve a Tentative Agreement prior to the parties jointly preparing a written memorandum of understanding based upon such TA; and
WHEREAS, a successor POA MOU 2021-25 will be brought back to the City Council at a future date for approval consistent with the deal points of the TA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the Tentative Agreement between the City of South Gate and the POA attached hereto as "Exhibit A."
SECTION 2. The City Council requests that the parties jointly prepare a written memorandum of understanding consistent with the Tentative Agreement to be brought to City Council for formal approval and adoption.
SECTION 3. The City Clerk shall attest to and certify the passage and adoption of this Resolution and the TA, which shall be effective upon such adoption.